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LUCENT INFO. MANAGEMENT v. LUCENT TECHNOLOGIES

No. 98-7203.

186 F.3d 311 (1999)

LUCENT INFORMATION MANAGEMENT, INC., Appellant, v. LUCENT TECHNOLOGIES, INC.

United States Court of Appeals, Third Circuit.

Filed: August 3, 1999.

Attorney(s) appearing for the Case

Lindsey H. Taylor, Friedman Siegelbaum, Roseland, NJ, Richard I. Samuel (argued), Cobrin, Gittes & Samuel, New York, New York, for Appellant.

Donald F. Parsons, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Robert M. Newbury (argued), Mark V.B. Partridge, Bradley L. Cohn, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, for Appellee.

Before: GREENBERG and ALITO, Circuit Judges, and ACKERMAN, District Judge

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This trademark case involves the question of what constitutes "use" sufficient to establish common law trademark rights. Lucent Information Management, Inc. ("LIM") argues that it had common law rights in the mark "LUCENT" prior to Lucent Technologies, Inc. ("LTI"), based on its usage of that mark before LTI filed an intent to use ("ITU") application with the United States Patent...

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