What happens if they win?
- Thread starter ColeFishing
- Start date
Like most litigation, winning or losing is only one step in resolving the underlying mess.
The USPTO decision will outline who has what rights to enforce, but the decision as to the extent and manner in which those rights are prosecuted are within the bailiwick of the winning party.[SUP]1[/SUP]
So its hard to say how ugly or clean the final result might be.
On the plus side the opposition motion filed by Monster Energy et al[SUP]2[/SUP] is predicted on two specific provisions of the Trademark act:
Neither provision allows the Plaintiff to recover attorneys fees under the vast majority of circumstances.
[SUP]1[/SUP] Simplified version
[SUP]2[/SUP] The multi-billion dollar international conglomerate that believes the few hundred t-shirts are or hats we might sell will destabilize their business.
The USPTO decision will outline who has what rights to enforce, but the decision as to the extent and manner in which those rights are prosecuted are within the bailiwick of the winning party.[SUP]1[/SUP]
So its hard to say how ugly or clean the final result might be.
On the plus side the opposition motion filed by Monster Energy et al[SUP]2[/SUP] is predicted on two specific provisions of the Trademark act:
1) Priority and likelihood of confusion [Trademark Act section 2(d)];
2) Dilution [Trademark Act section 43(c)].
Neither provision allows the Plaintiff to recover attorneys fees under the vast majority of circumstances.
[SUP]1[/SUP] Simplified version
[SUP]2[/SUP] The multi-billion dollar international conglomerate that believes the few hundred t-shirts are or hats we might sell will destabilize their business.
