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By | Chris Mellor 9th May 2016 21:20

Nexsan sues EMC in tussle over Unity name

EMC wants Nexsan to give up trademark application, Nexsan's not having any of it

EMC is being sued by Nexsan, which claims the storage goliath is trying to rip off its Unity trademark. EMC is also trying to force Nexsan to give up the Unity name, it's alleged.

Nexsan, the renamed Imation, launched its Unity array on April 26 only to see EMC launch its own Unity, the updated VNX/VNXe product line, on May 2.

The Nexsan Unity trademark application was filed on March 22 while, it alleges, EMC filed its own application for Unity on April 29, 38 days later.

In a case brought before a Massachusetts district court in the US on Friday, Nexsan claimed: “EMC has sent a letter to Nexsan demanding that Nexsan cease all use of its Unity trademark and expressly abandon its trademark applications containing the Unity mark; threatened litigation against Nexsan; and asserted that Nexsan’s provision of goods and services under its Unity mark would constitute trademark infringement. These statements threaten immediate injury to Nexsan.“

EMC said it "first used the mark Unity ... over a year ago in customer presentations, beginning in March 2015.” Nexsan asserts that EMC’s customer presentations do not constitute prior use.

Nexsan wants its right to use the Unity trademark validated by the court and demands a jury trial. Expect legal fun and games to ensue as David (Nexsan) faces up to Goliath (EMC). ®

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