23
Oct/02

Sixth Circuit SMART POWER Decision on Genericness and Laches


Nartron’s complaint that STMicroelectronics infringed its SMART POWER trademark for electrical relay assemblies and electrical power circuits in combination with electrical logic circuits is dismissed by Sixth Circuit, on the grounds that (1) SMART POWER is a generic term for technology that combines power transistors and control circuitry on a single integrated circuit and (2) Nartron took too long to sue, having first learned of defendant’s use of the term in 1987.  Good discussion of how to plead genericness and how not to plead “successive encroachment” as a defense to laches.

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