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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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Our weekly IP round-up includes Amazon, Bob Marley, Washington Redskins, Blurred Lines http://t.co/dOZfpesUhK http://t.co/ETrzMPHvLe

Feb 27 2015 06:21 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @Ownit: RT @filemot not every copy is an infringing copy - great @Telegraph story for all #iplaw litigators here http://t.co/uUT4ss3ru8

Feb 27 2015 05:10 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @mhintzesq: Delicious trademark alert: chocolate confection in form of mouse with almond ears & silk tail http://t.co/mqLnzOYJVr http://…

Feb 27 2015 05:08 ·  reply ·  retweet ·  favourite
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