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Old 08-15-2019, 02:56 PM
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A thought occurs to me: One sometimes hears of an overzealous corporate lawyer sending a cease-and-desist letter to someone who's been using the same name or other trademark since before the lawyer's company even existed. Usually, the recipient of the letter points out their priority, and it ends there. But couldn't such cases lead to an open-and-shut countersuit? The recent company, after all, is arguing that the two are sufficiently similar to cause confusion, and in a sufficiently-similar context. But if the smaller trademark holder is actually the older one, that would then mean that the big, newer trademark holder is actually in infringement.