UW Waived Immunity In Phoenix IP Suit: 7th Circ.

Law360, New York (August 8, 2011, 5:06 PM EDT) -- The Seventh Circuit ruled Friday that the University of Wisconsin's decision to challenge the cancellation of its trademark in federal court waived its right to sovereign immunity against infringement counterclaims from Phoenix Software International Inc.

The unanimous, 63-page opinion came as the three-judge panel agreed to rehear the case after deciding in December that — while the district judge erred in ruling for the university — there was little risk of confusion between two trademarks for the word "Condor" for software and that the state's sovereign...
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