Liquidmetal Technologies Inc (LQMT)

[PatentGuy1]

Perhaps you might agree Apple cannot prevent any CE company from using LiquidMetal Brand (as long as it is not LM105).

No, I don't think so.

I hope you will agree that Apple has an exclusive and perpetual right to LMT technology in the field of consumer electronics under MTA, Annex 6, section 2.1. So, the issue is whether the trademark of "LIQUIDMETAL" is included in the licensed LMT technology.

MTA, section 1(a)(i), provides the following: "LMT Technology" shall mean any and all Intellectual Property and Intellectual Property Rights that, at any time during the Capture Period, are: (a) owned or licensed (including, without limitation, sub-licensed) by LMT or LMC ..."

MTA, section 1(a)(iii), provides the following: "Intellectual Property Rights" shall mean and includes, but is not limited to, ... (b) trademark and trade name rights and similar rights ..."

IMHO, the MTA clearly grants Apple an exclusive and perpetual license to LMT technology in the field of consumer electronics and that LMT technology is defined to include trademarks. Consequently, LQMT cannot license, in the field of consumer electronics, those trademarks covered by the MTA (i.e., marks existing through the capture period of the MTA).

Of course, as you pointed out, Apple can only use the licensed trademarks in accordance with MTA, Annex 6, section 2.5. But, neither that section nor the expiration of Apple's ROFR, alters Apple's exclusive and perpetual license to the marks.