Lucent Information Management, Inc. v. Lucent Technologies, Inc.

ACKERMAN, Senior District Court Judge,

dissenting.

I respectfully dissent from the opinion of my learned colleagues. I agree that the majority has correctly identified the issue in this case, i.e., what constitutes “use” sufficient to establish a common law trademark. Because, however, I believe there are genuine issues of material fact which preclude entry of summary judgment on this record, I would reverse the summary judgment of the district court. I write also to clarify the process by which district courts should resolve common law trademark disputes.

LTI moved for summary judgment of…