Where Internet services provided by the assignor of the trademark were substantially distinct from the services of the assignee, as the former provided for payment services and the latter provides full banking services, as a matter of law the trademark was acquired through an invalid assignment in gross - that is, without the transfer of the accompanying good will; therefore, summary judgment will be entered in favor of plaintiff directing the cancellation of the NETBANK registration owned by defendants.
December 27, 2004 at 12:00 AM
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