Quote:
Originally Posted by Dave Schwaab
Years ago, he lost interest in Cobras and let his trademarks and patents lapse while he pursued other interests. Now he wants it all back, with interest!
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I once searched for tm registration on a product name and found that although it was registered, the mark had lapsed. Even so, outside counsel insisted that we get a letter of release from the company that held the original (now lapsed) tm. It was no big deal, so we paid them a small fee and received the release.
Another time, we wanted to use a product name that was never registered, but was in use by another company, and had been for some time. Again, outside counsel advised us to get a release from that company. This time, it was a big deal. When that company refused to give us a release to use the mark, counsel advised us to come up with a different name.
So, at least one IP attorney's advice says that even if a tm has lapsed, or has been in use yet never registered, you are at risk in using it.
This attorney (initials GR, for those who know) is generally considered the leading expert on IP law in silicon valley.
I know next to nothing about IP law, but the above situations show that it at least possible that CS is getting legal advise stating that, even though the mark(s) has lapsed, he still has a legitimate claim to it (them).
HAPPY HOLIDAYS TO ALL OF YOU AND YOURS, AND BEST WISHES FOR A SAFE AND PROSPEROUS 2009!
