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Clearline v. Cooper B-Line - Joint Pre-Trial Order

Clearline v. Cooper B-Line - Joint Pre-Trial Order

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Published by slburstein
Clearline v. Cooper B-Line - Joint Pre-Trial Order
Clearline v. Cooper B-Line - Joint Pre-Trial Order

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Published by: slburstein on Jun 13, 2013
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06/19/2014

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PLAINTIFF CLEARLINE TECHNOLOGIES LTD.’S PROPOSED JURY INSTRUCTIONS AND QUESTIONS 17

PROPOSED INSTRUCTION NO. 10
OWNERSHIP OF THE C-PORT TRADEMARK

A trademark is any word, name, symbol, or device or any combination of them used by a
business to identify and distinguish its goods from those manufactured or sold by others and to
indicate the source of the goods, even if that source is unknown.39

A Registered Trademark is
a trademark that is registered in the United States Patent and Trademark Office, which
registration is evidenced by an issued Certificate of Trademark Registration.40

The certificate of registration of the C-PORT trademark in evidence in this case is conclusive
evidence of: the validity of Clearline’s trademark; the fact that it is registered; Clearline's
ownership of the trademark; and, Clearline's exclusive right to use the C-PORT mark in
commerce on or in connection with rooftop support products.

In this case, there is no dispute that Clearline received a registration for the C-PORT
trademark and this registration is now “incontestable” under the trademark laws. This means
that Clearline’s registration of the trademark is conclusive evidence of Clearline’s ownership
of that trademark and that the trademark is valid and protectable.

39

15 U.S.C. §1115; TMEP§807.03; McCarthy, J. Thomas, MCCARTHY ON TRADEMARKS, §19.58 (2010).

40

Id.

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