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Posted: Sep 3rd 2008 7:30AM (Unverified) said

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Keep in mind that defending a mark is just as important, maybe more important than actually getting one in the first place. There's the whole issue of "prior use" and just because you manage to "get" a mark doesn't immediately translate to "I can prosecute and profit" from my mark. If LL had the granted mark in use, in the areas covered by the approved mark's application, prior to the application for the mark, the mark may actually be invalid and reversed. It happens all the time. We'll have to watch and see how this plays out. LL may indeed be infringing. On the other hand, Minsky may have over-played his hand and end up losing in the long run.
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