Steve Schaetzel has published an article titled "University Waived Sovereign Immunity by Appealing to District Court" in a recent issue of World Trademark Review.
In the article, Schaetzel discusses Board of Regents of the University of Wisconsin System v Phoenix International Software Inc (Case 08- 4164, August 5 2011), and the US Court of Appeals for the Seventh Circuit's decision to reverse its prior ruling and decide that defendant Phoenix International Software Inc's compulsory counterclaims for trademark infringement were not barred by the doctrine of sovereign immunity in a district court action brought by the University of Wisconsin appealing the Trademark Trial and Appeal Board’s (TTAB) cancellation of the state’s registration.
A copy of the article is available here.
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