Stratotone Mark For Guitars Was Abandoned, Permitting Junior Use

Agler v. Westheimer Corp., No. 14-099 (N.D. Indiana 10/28/15).

In a trademark infringement action concerning the mark STRATOTONE for guitars, the Court held that an abandonment of the mark permitted a junior user's use of the mark.  A period of non-use by one of the parties triggered a presumption of abandonment, which was not rebutted.