21
Dec/06

Example Of A TM DJ Action


Defendant purports to own rights in ASPEN. Plaintiff (Victoria’s Secret) uses a skiing theme in its seasonal promotion, including references to the ASPEN ski resort. Defendant requests cessation. Plaintiff alleges that it is not using term as a trademark. Defendant threatens lawsuit but doesn’t sue. Plaintiff files action for declaration of non-infringement. Complaint here.

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