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Business Planning Keyed to Reed
Lucent Information Management, Inc. v. Lucent Technologies, Inc.
Citation:
186 F.3d 311 (1999)Facts
In 1995, LIM was formed by four principals who selected the name LUCENT after finding it in a dictionary. LIM operated from the office of another business owned by one of its principals. In September 1995, one of LIM’s principals sent a one-page letter on his other company’s letterhead to about 50 people announcing LIM’s services. On October 5, 1995, LIM made its first sale, installing a modem for $323.50. LIM made sales presentations to three companies in November 1995 but secured no sales from these presentations.
Meanwhile, AT&T was planning to spin off its telecommunications business. In November 1995, AT&T conducted trademark searches for the name LUCENT, which revealed LIM’s existence. On November 30, 1995, LTI filed an intent-to-use application with the USPTO for the LUCENT mark. On February 5, 1996, AT&T publicly announced the creation of LTI with a massive media campaign, mailing over 1.2 million announcements. After learning about LTI, LIM sent a cease-and-desist letter in March 1996, claiming nationwide use of the LUCENT mark. When the parties could not reach an agreement, LIM filed suit in September 1996.
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