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I'd like to manufacture a product, but I'm curious about my naming options.
Here's my scenario in a nutshell:
In 1960, a company patents a wallet design and sells them as Zark wallets.
In 2006--after the patent expires--another company trademarks the term "Zark" and begins manufacturing the same wallet design.
In 2013, the trademark for "The Zark" is cancelled because the second company failed to renew their registration--even though they still manufacture and sell the product.
Here are my question:
If I manufacture wallets with the same design and call them Zark wallets, am I infringing on the rights of the first company, the second company, both, or neither?