Talent Mobile Development, Inc. v. Headios Group, et al. ("REAL CALLER")

Parties fought over the right to the trademark 'REAL CALLER' in connection with caller identification applications. At issue were determinations of who the prior user was, the territoriality of the prior use, and whether client's acquisition of the mark REAL CALLER ID during the course of the lawsuit was transferable to client. Notably, gathering evidence of client's earliest uses was challenging since the documents were scattered and mostly in the possession of a Chinese national whom client was not able to contact. Ultimately, we had to prove prior use via the Wayback Machine and other indirect evidence.