A field back, the IPKat posted a story virtually Surfvivor five Survivor, a the U.S. of A. merchandise grade case. Today, the IPKat received this banking concern annotation from Peter Deptula, possessor of the SURFVIVOR mark:
I must say that the courts actually failed me together with my trace of piece of occupation concern together with most importantly my family.You tin hand the axe brand it contact amongst Peter here or here
Something of intrest is the related goods factor, the courts experience that sunscreen is non related to sunscreen. In all I filed my lawsuit to protect my trademarks, together with lost on summary judgement, together with convey to pay CBS's fees! We won four of the sleekcraft factors, CBS won 3. According to the U.S. of A. trademark police ii things of importance first, summary sentence is disfavored, second, if it is closed or a necktie the non moving political party should prevail. (a jury would no doubtfulness last able to distinguish that sunscreen is sunscreen).
All nosotros wanted was a fair together with merely trial to present the facts every bit they actually are. Example: Judge Rawlinson claims solely 30% of my products convey the Surfvivor trademark, when indeed it is at to the lowest degree 70% (its inward my deposition together with inward the record. 30% of the goods I create are for custom operate for other companies. Any comments or anyone who tin hand the axe assistance me would last appreciated or if anyone would similar to listen my story, delight attain non hesitate to contact me.
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