Replies to post #138606 on Liquidmetal Technologies Inc (LQMT)

[Eicheljager]

I don't know that Apple controls the brand name, except in China, in any way after the ROFR. They have perpetual rights via CIP to the patented methods of production.

I don't see why LQMT couldn't sell rights to Eontec, and what Apple would do about it if they did.

[PatentGuy1]

Of course couldn't Li simply use the name LIQUID METAL instead of LIQUIDMETAL?

If Li allowed Eontec to do that, then he would be breaching his fiduciary duties to LQMT. If Eontec used the brand "LIQUID METAL" it would be diluting the value of the brand "LIQUIDMETAL" - there would be confusion in the market place between the two brands.

If LQMT tried to use "LIQUID METAL" as a brand, I doubt that the PTO would ever grant "LIQUID METAL" a registration. IMHO, "LIQUID METAL" would be considered "generic" and would never be granted a TM registration just like not being able to get a TM on "WINDOW CLEANER."