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Posted: Jan 25th 2008 3:51AM (Unverified) said

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Whatever the circumstances of the trademark being granted, prior use and so forth not necessarily withstanding under ยง 1051 of the act - Minsky's in the right by law, unless successfully challenged.

Trademark challenges, like patent challenges need to be done with care. A bungled challenge can make things much harder for any future challenges (there's a kind of double-jeopardy principle in effect).

Until such a challenge succeeds, Minsky has the sole right to use or authorize the use of the term, per US Federal law, whatever the circumstances or motivations are behind obtaining it.

You might see this as a deficiency in the regulations that govern the USPTO - and you would definitely not be the first to do so.
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