'Intellact' Trademark Suit Survives Intel Dismissal Bid

By Ryan Davis

Law360, New York (March 05, 2010, 4:24 PM ET) -- A federal judge has refused to throw out a suit brought by pharmacy benefit management company Express Scripts Inc. seeking a judgment that its application for a trademark on the word “Intellact” does not infringe any marks held by Intel Corp.

Judge E. Richard Webber of the U.S. District Court for the Eastern District of Missouri on Wednesday denied a motion by Intel to dismiss the declaratory judgment suit, ruling that contrary to Intel's claims, the court has subject matter jurisdiction over the dispute.

Express Scripts,...
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