Nexsan has announced that the Federal Court for the District of Massachusetts has declared that Nexsan has priority over EMC for the use of the trademark ‘Unity’. After 11 months of legal proceedings, the court has ruled that Nexsan has priority over EMC to the Unity trademark in relation to computer data storage and associated technologies.
Unity is Nexsan’s flagship product – a unified storage platform that combines enterprise NAS and high performance block storage, plus enterprise file sync-and-share, n-way sync, and secure active archive. Unity provides a fully integrated private cloud, enabling users to work remotely from anywhere in the world at any time with full access to their corporate files.
On 22nd March 2016 Nexsan filed applications with the United States Patent and Trademark Office for the Unity and Nexsan Unity trademarks. Nexsan’s applications were filed 38 days prior to any application from EMC and prior to EMC’s 2nd May 2016 announcement in a press release of its own product, also called Unity.
Tech giant EMC, which was acquired by Dell last year, wrote to Nexsan’s counsel asking them to cease use of the name and threatening litigation. Nexsan decided instead to file a lawsuit against the multi-billion-dollar company, seeking a legal declaration that Nexsan had priority in the Unity trademark. Nexsan prevailed in the court’s decision.
“It was always going to be a challenge going up against a tech giant,” says Ron Bienvenu, CEO at Nexsan. “Dell acquired EMC last year giving the company even more power and weight. But, Nexsan filed its Unity trademark application first, and so we are extremely pleased today that the court has given Nexsan priority. We’ve been enjoying tremendous success since we launched Unity, surpassing the milestone of 100 systems sold, and contributing several million dollars to our bottom line.”