Thursday, June 05, 2003

Another trademark and ACPA ruling from the Fourth Circuit - this one, ""

In Sloan v. Auditron Electric Corporation, the Fourth Circuit in a per curiam opinion for the panel including Judges King and Traxler and Senior Judge Hamilton upheld summary judgment for the defendant, where the trial court had held that the plaintiff had admitted in his own deposition testimony that he had discontinued use of "Auditron" for a period of at least three years, and he could not avoid the consequences of this testimony by means of a post-deposition affidavit, and on the cybersquatting claim, there was no bad faith shown on the part of the defendant, even though the defendant knew of the plaintiff's use of "Auditron."

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