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Re: jrs5 post# 179730

Saturday, 09/14/2019 1:55:10 PM

Saturday, September 14, 2019 1:55:10 PM

Post# of 232839

Go to the Asus USA website and you will see the phone advertised with the use of liquid metal. This is USA website.
How do you explain this?


Facts:
1) The Zenphone 6 is a consumer electronics device per the MTA.
2) Asus says:

The innovative Flip Camera module is made from highly advanced liquid metal

https://www.asus.com/us/Phone/ZenFone-6-ZS630KL/
Conclusions:
Asus is NOT using the trademarked "LIQUIDMETAL." Hence, we cannot be certain that Liquidmetal Technologies is involved with the Zenphone 6.

Fact:
1) The MTA states the following:

Enforcement of Rights. Licensor grants to Licensee the exclusive right for enforcement of the Intellectual Property Rights of the LMT Technology in the field of use of Consumer Electronic Products.

See, MTA, Article 2, section 2.3, https://contracts.onecle.com/liquidmetal/apple-transaction-2010-08-05.shtml.
In other words, Apple is the only entity allowed to enforce a trademark violation in the field of consumer electronics.

Apple is the only entity with the power to enforce the trademarked "LIQUIDMETAL" in the field of CE, and Asus is using "liquid metal" in the field of CE.
Conclusions:
1) Apple has given their permission for Asus to use the trademarked "LIQUIDMETAL" and/or said that they won't try to enforce "liquid metal."
2) Apple DOESN'T CARE to spend Apple money on defending Liquidmetal Technologies' trademarks. Apple doesn't use the marks of other companies on its products. Consequently, the dilution of Liquidmetal Technologies' marks doesn't affect Apple.

Apple-LQMT MTA = perpetual and exclusive license in CE to Apple
Eontec-LQMT Parallel License Agreement - (1) No CE; (2) No royalties defined; (3) no enforcement mechanism for territorial exclusivity violations

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