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Managing Intellectual Property
February 16, 2003
IP INVESTIGATORS IN TRADE MARK FIGHT
In a case of gamekeeper turned alleged poacher, two companies that usually investigate other people’s claims of intellectual property infringement now face each other in a law suit amid accusations of trade mark dilution and unfair competition.
New York-based Kessler International is suing rival Marksmen, claiming that Marksmen sought to use the Kessler name to generate more business for itself.
In the suit, Kessler claims that Marksmen paid search engines such as Google to register the name Kessler, so that whenever a user searched using the keyword “Kessler International”, Marksmen’s website would be the first result to show.
Kessler is suing Marksmen, seeking an injunction, treble damages, legal fees and punitive relief for service mark infringement, unfair competition and dilution of the Kessler International mark.
Kessler International president Michael Kessler did not want to comment on the suit, but said in a statement: "It is incomprehensible to me that a firm specializing in IP investigations and brand protection services to companies seeking to protect their trade mark rights would wilfully violate the trade mark rights of another who is its direct competitor and think they would not be caught."
For its part, Marksmen denied the claims. Though Marksmen refused to comment on proceedings, a source close to the company said that it disputes the allegations, and is working towards a resolution of the suit without it going to trial.
Kessler International is represented by Sughrue Mion in Washington DC and Robin Blecker & Daley in New York.
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