Posted on January 2, 2008 by Kevin Lemley

Mahco Has Not Abandoned Its Trademark, At Least Not Yet

The Western District of Arkansas denied plaintiff's motion to dismiss the counterclaim in Lewis & Clark Outdoors, Inc. v. Mahco, Inc., 2007 WL 4510364 (W.D. Ark. 12/18/07) (previously posted 5/1/07).

 

Mahco has counterclaimed against Lewis & Clark Outfitters (LCO) for trademark infringement. Mahco has admitted it no longer uses the "Lewis & Clark" mark, and LCO moved to dismiss on grounds of abandonment. To abandon a trademark, the owner has to cease use and show an intent not to resume use. The court denied the motion because all that LCO established is that Mahco no longer uses the mark; no evidence has been submitted regarding Mahco's intent.

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