Federal Judge Says ‘Stratotone’ Trademark Was Abandoned

(October 29, 2015, 12:51 PM EDT) -- FORT WAYNE, Ind. — A plaintiff’s intent-to-use application for the “Stratotone” trademark following a period of non-use by a defendant’s predecessor gave the applicant priority to use the mark, an Indiana federal judge concluded Oct. 28 (Darryl D. Agler v. Westheimer Corporation, No. 14-99, N.D. Ind.; 2015 U.S. Dist. LEXIS 145855).

(Decision available. Document #16-151102-019Z.)

In partly granting a motion for summary judgment by Darryl D. Agler, U.S. Judge Jon E. DeGuilio of the Northern District of Indiana agreed that the mark had lapsed back into...
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