Dallas Jury Returns Verdict In Favor of Defendant Finding That the “X-RAY CE” Trademark is Generic

Dallas, Texas (October 2, 2018) – On September 26, 2018, after a three-day jury trial, a Federal Jury in Dallas returned a verdict in favor of Defendant XRC, LLC that the registered trademark X-RAY CE is generic. XRC LLC operates the website CE4RT.com offering continuing education credits for radiologic technologists. CE is the abbreviation for Continuing Education. X-Ray Techs or Radiologic Technologists are required by each State to obtain Continuing Education Courses to maintain their licenses. Wendy B. Mills, Attorney for Defendant XRC, LLC said, “the Jury listened to the testimony presented by each side and returned a verdict that the trademark is generic.”

Pursuant to the Jury Verdict finding that the trademark is generic, on September 27, 2018, United States Magistrate Judge Renee Harris Toliver issued the Final Judgment in this matter and ordered the Director of the United States Patent and Trademark Office to cancel the registration for the trademark X-RAY CE.

This case is: Robert Vandling d/b/a X-Ray CE v. XRC, LLC and XRC, LLC v. Wendy Vandling; Case No. 3:16-cv-01399-BK in the United States District Court for the Northern District of Texas, Dallas Division.

Attorneys are often hired to defend against allegations raised in cease and desist letters or issue cease and desist letters against alleged trademark, copyright and/or patent infringers. Of course, cease and desist letters are not limited to allegations of infringement, but for purposes of this article, we are discussing only cease and desist demands relating to allegations of infringement. Often, a cease and desist letter is a helpful tool to begin settlement discussions to resolve a dispute before it becomes necessary to incur the expense and burden of a lawsuit. If the respective parties are reasonable in their respective demands or expectations, there is greater potential to resolve disputes without litigation. However, when a party takes the initiative in issuing a cease and desist letter, the party receiving the cease and desist letter may respond by filing a preemptive lawsuit seeking among other things, a Declaratory Judgment of Non-Infringement under Federal Trademark, Copyright, Patent and/or Unfair Competition law. 28 U.S.C. § 2201, et seq.

By filing the lawsuit first, the party that would have otherwise been the Defendant in a lawsuit as the alleged infringer now becomes the Plaintiff. Further, if the parties are in different jurisdictions and the lawsuit is brought in the alleged infringing parties’ jurisdiction, a question of personal jurisdiction over the defendant may arise and often adds considerable cost to any lawsuit. Accordingly, the decision to issue a cease and desist letter is more complex than many parties realize.

The above-referenced issues are not intended to be exhaustive, but merely examples of potential issues associated with issuing a cease and desist letter with respect to intellectual property infringement allegations.

**Nothing herein is intended to be legal advice and does not create an attorney-client relationship.

Intellectual Property (IP) owners need to construct barriers to protect their trademarks and copyrights by registering them with the United States Patent and Trademark Office (USPTO) or United States Copyright Office. Thereafter, they must watch for possible copyright infringements or trademark innfringements and take action through the Courts or through the USPTO Trademark Trial and Appeal Board (TTAB) to protect the intellectual property.

In today’s ever-changing marketplace, intellectual property is becoming more and more an integral part of everyday business. Working to create strategies to develop, protect and increase the value of a businesses’ intellectual property is increasingly more important to its bottom line. Intellectual property can add value to the business, serve as collateral for loans, generate streams of revenue through licensing royalties and provide a competitive edge in this fast-paced and complex economy. 

For Defendants facing allegations of trademark Infringement or copyright Infringement, they must also construct defensive barriers against such allegations. Thus, we help Defendants strategize and construct strong defensive barriers. For more information on how we can help protect your intellectual property see our practice areas or for immediate assistance call or contact us.

**Nothing herein is intended to be legal advice and does not create an attorney-client relationship.

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