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Our organization recently launched a software product. Let's call it product NONAME.
A few weeks after launch, a legal representative of a "NONAME Inc". contacted our organization to say that our product NONAME was in violation of their client's registered trademark (R). Cease and Desist was demanded, as well as revenues and the product itself.
On our own investigation, we have found that another separate organization (Company XYZ) actually has held the non-registered trademark (TM) on the term "NONAME" 50+ years in all 50 states prior to the initial use of NONAME by NONAME Inc.
We removed and re-branded our product - however if Company XYZ has TM'd term NONAME for 50+ years in all 50 states, does NONAME Inc. have any claim for damages on us for the use of the term NONAME?