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The territorial extent of trade marks


Often a company develops a brand and secures trade mark protection only to later receive notice from an entity claiming ownership of an identical mark in a limited geographical location. The question is then how the presumptive rights of nationwide exclusivity conferred on the owner of a US trade mark registration interact with the prior non-registered common law rights of a third party in a limited area.

The fact that a party has obtained a federal trade mark registration does not automatically eliminate another party's prior non-registered, common law rights. The party that was first to adopt the mark...


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This week's IP news roundup is by James Nurton and feat. @The_IPO, Olympics logo, EMI Music, Crestor & Ariosa http://t.co/MMWo3Em673

Sep 2 2015 05:01 ·  reply ·  retweet ·  favourite
ManagingIP profile

Jay Z Doesn't Want His Wealth Discussed at Copyright Trial http://t.co/Q2pKLYEob7 via @thr

Sep 2 2015 03:42 ·  reply ·  retweet ·  favourite
ManagingIP profile

Due to demand, we've made Emma Barraclough's article on the future of IP downloadable (PDF). Just provide yr details http://t.co/oEgoly4RKA

Sep 2 2015 12:38 ·  reply ·  retweet ·  favourite
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