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Re: Not trying to defend 'em but...

Posted by Ray Kimber (M) on February 12, 2005 at 13:56:02

In Reply to: Not trying to defend 'em but... posted by Chris_F on February 12, 2005 at 12:02:19:

Hi Chris,

Here is my understanding on what was happening, such understanding is based on conversations with Cathy and Victor, my looking at the data at the Trademark office and looking at copies of the actual court filings and correspondence between MC and MV.

The use of the MV logo was part of the claims by MC within the lawsuit. However long before the lawsuit, MV indicated that they would happily agree to abandon the use of the logo, this seemed to MV to be a simple way to avoid conflict. MC cable said they would only be happy if MV were to sign over the rights to the name, plus a bunch of other stuff. When presented with the draconian list , which amounted to a one-sided takeover of the MV business by MC, Victor and Cathy said no!

MV did change their logo but this was never ordered by a court or was the subject of any completed agreement, nor part of any settlement filing. They just did it assuming/thinking/hoping that MC would call off the attacks. Not to be, MC pressed ahead with lists of demands, and eventually did file suit. MV won a change of venue and was days away from filing answers and counterclaims to the charges in the lawsuit.

MC just flat withdrew the lawsuit, no stipulations, no settlement agreement, no mention of the use or non-use of the logo or anything else for that matter.

I am familiar with stipulated judgments and I am familiar with lawsuits being withdrawn due to the parties reaching a "background" written agreement that solves the issues. The withdrawn MC suit is not a stipulated action of any kind. I have a copy of the withdrawal motion, it is about one sentence long, no stipulations, no agreements, no nothing.

Ray

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