Kratom Co. Asks 11th Circ. to Nix 'Naked License' Ruling
Intellectual Property attorney Thomas Brooke was quoted in a Law360 article about a case concerning "naked licenses." In the dispute, supplement maker Blue Mountain Holdings Ltd. argued that Bliss Nutraceticals LLC violated its trademark on Vivazen products, saying it registered the name with the U.S. Patent and Trademark Office in 2017. The suit contends Bliss has been using the Vivazen name and trademark without permission. A Georgia federal trial court found in favor of Bliss, saying there was a "naked license" that rendered the trademark issue abandoned. Blue Mountain has now asked the U.S. Court of Appeals for the Eleventh Circuit to overturn the ruling. Mr. Brooke, who represents Bliss, explained why he feels confident the appellate court will rule in favor of his client.
"We remain confident that the district court correctly applied the law regarding naked licensing in both of its decisions on this matter," he commented. "The earlier opinions spell out the law clearly, and we do not see any new or compelling arguments in the appellants' brief."
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