Legal Opinion

Nexsan Technologies, Inc. v. EMC Corp.

District Court, D. Massachusetts

Decided April 14, 2017No. CIVIL ACTION NO. 16-10847-WGYPublishedCited by 1 opinion

1Opinion of the Court

FINDINGS OF FACT AND RULINGS OF LAW

WILLIAM G. YOUNG, DISTRICT JUDGE

L INTRODUCTION

The issue before this Court is trademark priority. Nexsan Technologies, Inc. (“Nex-san”) is a manufacturer and provider of computer data storage, backup, and management technologies. First Am. Compl. (“Am. Compl.”) ¶6, ECF No. 89. EMC Corporation (“EMC”) is a Fortune 200 company that also develops and manufactures data storage technologies. Def. EMC Corporation’s Answer, Affirmative Defenses, & Countercls. (“Answer”) 3 ¶ 12, ECF No. 20. Since the commencement of this suit, EMC has been acquired by Dell, Inc. Id.

In…

2Cases cited16 opinions

  1. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  2. Chance v. Pac-Tel Teletrac Inc.Court of Appeals for the Ninth Circuit · 2001
  3. Volkswagenwerk Aktiengesellschaft v. Kenneth G. WheelerCourt of Appeals for the First Circuit · 1987
  4. Herbko International, Inc. v. Kappa Books, Inc.Court of Appeals for the Federal Circuit · 2002
  5. Allard Enterprises, Inc., D/ B/a/ Allard Programming Resources v. Advanced Programming Resources, Inc., and Barry HeagrenCourt of Appeals for the Sixth Circuit · 1998

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3Cited by1 opinion

  1. Am. Auto. Ass'n of N. Cal. v. Gen. Motors LLCDistrict Court, N.D. California · 2019

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