Trademark infringement

[quovadis]

First Question:

My technology is licenced to a corporation. I am the inventor and have a licensing deal with them.
A third company is accusing the licensor of trademark infringement.
Whose responsibility is it to defend this claim?
The inventor?
The company who licensed the technology from me?
Both?

Second Question:
The third company making such accusations, have scrutinized my technology many times over the past few years, but have never embraced it. I have always hoped that they would license it from me.
Now that I have sucessfully licensed the technology to a different company and shown the product to consumers, they are accusing us of potential Ip and trademark infringement.

Questions :
A company who evaluated and tested my technology in past years but never objected to the contents or design of said technology....are they allowed to object now that the technology is in the market place? The technology has not changed since they last saw it and tested it.

 

[Michael Wechsler]

I am confused:

(1) Licensing technology is either a license for a patent or copyright. Trademark deals with trade names and it would be a completely different issue. If it is actually a trademark lawsuit, I am assuming that it may have something to do with the company and nothing to do with you or your invention that is being licensed. For example, perhaps they are marketing a product using your technology and calling it a name that may infringe upon the trademark of another.

(2) This is different than the first claim. With regard to the IP claim for the technology, who must defend depends upon the agreement. My guess is that any good lawyer will have had you guarantee that there is no infringement and that you will defend all claims if there is -- and indemnify the licensor if they are sued for using your technology.

Anyone can sue anyone if they have a bona fide claim. If this is a retaliation lawsuit then you should put it to rest and file a counterclaim. I wish you the best of luck with this and glad to discuss further with more details.