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Wednesday, February 06, 2013 11:28:11 PM
We explore these issues by reference to the following hypothetical:
PlayBoy Inc. (referred to as "PBI"), a start-up company, recently invested millions to promote its "Bunny" trademark, including extensive advertising campaigns and careful monitoring of the use of its distinctive CD trademark. PBI just discovered that PLAYBEV Company (referred to as "CIRC") started to use the distinctive Bunny trademark for a similar product line.
The First to File Myth: If PBI does not file a lawsuit in the forum of its choice immediately, and sends a cease and desist letter to CIRC, CIRC will file a lawsuit in its own favorable forum and preclude PBI from litigating in the forum of CIRC choice.
$$$ Severly Addicted to Mad Money $$$
It is not always what we know or analyzed before we make a decision that makes it a great decision. It is what we do after we make the decision to implement and execute it that makes it a good decision.
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