Lucent Technologies Inc., the spin-off of AT&T, can keep its name now that a federal appeals court has rejected a common law trademark suit brought by Lucent Information Management Inc. U.S. Circuit Judge Morton I. Greenberg found that LIM's use of the Lucent name preceded Lucent Technologies', but that LIM's sales of just $323 in 1995 were not enough to hold that the name was legally ``in use.'' Such ``de minimus'' sales, Greenberg said, do not allow for a finding that ``market penetration'' has occurred.
August 05, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Lucent Technologies Inc., the spin-off of AT&T, can keep its name now that a federal appeals court has rejected a common law trademark suit brought by Lucent Information Management Inc.
The court, voting 2-1, said LIM could not claim seniority under trademark law since its use of the Lucent mark was extremely limited prior to the Lucent Technologies’ registration of the Lucent name in 1995.
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