November, 24th, 2015

Whitmyer IP Group filed an action for declaratory judgment of no trademark infringement on behalf of its client, a leading quick service restaurant franchisor. The defendant had previously made repeated claims of willful trademark infringement and sought substantial damages, despite the fact that WHIPgroup’s client had prominently used its trademark on a national basis for more than ten years without evidence of confusion or notice of the third party’s rights. WHIPgroup attorney Walter Welsh filed the declaratory judgment, which seeks a determination of noninfringement on several grounds, to protect the client from further harassment.

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