Recalling the 1960s movie David and Goliath, a battle between IT titan Dell EMC and relative minnow Nexsan has been waged in the federal court for the District of Massachusetts over the use of the trademark “Unity.” Both companies market storage arrays branded “Unity.” EMC wrote a cease and desist letter to Nexsan concerning misuse, claiming prior use. However, Nexsan believed that claim to be erroneous, countering that it had filed for the trademark before EMC. It sued the giant for misuse first.
In case number 1:16-cv-10847-WGY in the federal court for the District of Massachusetts, Nexsan’s complaint stated: “EMC has threatened suit unless Nexsan abandons its UNITY trademarks.” Nexsan sought “a declaration that it has priority to, and is not infringing upon, certain trademark rights asserted by EMC Corporation.” The cease and desist order from Dell EMC was an obvious attempt at strong-arm tactics by the storage giant against the smaller company. Dell EMC not only failed to obtain the results it was expecting—this being Nexsan running off scared into the twilight and surrendering its trademark—but also ended up on the wrong arm of a trademark suit.
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