Wednesday, August 4, 2010

Intel Corporation's Complaints Not Cognizable!

We have been asked by followers of this blog to give a concise update to the trial's progress.

1) U.S. Federal Judge Charles Breyer has agreed to give Intel Corporation its day in court, though he made it clear that he is VERY skeptical of the company's bogus complaints. In fact, he said:

"If ANIP's assertion [that it is using the term 'intel' in its generic sense] is true, then Intel's dilution claim, like its infringement claim, is not cognizable."

http://www.latinintel.com/Order_Denying_Motion_To_Dismiss.pdf

2) Intel Corporation has acknowledged that the generic sense of intel is "shorthand for gathering and analyzing information." And nobody has every disputed that is exactly what the Mexico Watch Intelligence Service did, when its newsletters and briefs were in publication. Therefore, UNLESS THE JUDGE CHANGES HIS MIND, WE WILL DEFINITELY WIN THIS CASE. 

3) Intel Corporation responds to this quandary by stating that it will produce a survey that proves that people think of the company brand INTEL before they think of informational intel when they hear the word.

Under this standard, words like apple, converse, mango, puma, vans, and virgin would no longer belong to the public domain. Since that scenario is patently absurd, so is that standard, and we are confident that the judge in this case will agree and rule against these frivolous and abusive complaints.    

No comments: