Patent - Exide Technologies Receives Important Trademark Ruling

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Exide Technologies Receives Important Trademark Ruling

Exide Technologies Receives Important Trademark Ruling

Exide Technologies, a global leader in stored electrical-energy solutions, has received a favorable ruling in its lawsuit with EnerSys, a manufacturer of industrial batteries.

The United States Bankruptcy Court for the District of Delaware approved Exide's request to terminate specific agreements with EnerSys, including a trademark license which gave EnerSys the rights to use the Exide(R) trademark for motive and network power batteries in certain countries, including the United States. Under this ruling, which EnerSys has the right to appeal, Exide will reclaim the right to fully utilize its Exide(R) brand across all product lines - throughout most of the world - after the expiration of a court-ordered transition period.

"This week's court ruling is an important milestone for Exide," said Gordon A. Ulsh, President and Chief Executive Officer of Exide Technologies. "The reclamation of the p

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The marks coded as ""color marks"" under 29.02 - 29.07 claim one or more colors as the mark. The description of the mark is often helpful in determining whether the mask consists of color alone. Because these marks are for color alone">Advanced Coding of Design Marks

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Misappropriation

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A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

Change Of Name

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Owners of trademark applications and registrations change their names, even though the actual ownership of the application or registration has not been transferred.

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Indirect infringement of intellectual property rights in which one person contributes to the direct act of infringement of another.

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