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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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Attending #AIPLAAM14? Look out for the AIPLA Daily Report, first issue out tomorrow morning! http://t.co/zOWbOIaeWd http://t.co/xldU6hmRja

Oct 22 2014 04:20 ·  reply ·  retweet ·  favourite
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We have some new articles on our dedicated PTAB page, including on the first 2 PGRs filed http://t.co/G08aDv4K9j

Oct 22 2014 03:19 ·  reply ·  retweet ·  favourite
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Who would you put on a committee to decide on a new Copyright Act? Latest #mipblog post http://t.co/px7Mar0I1w http://t.co/RMA2a6QSMU

Oct 22 2014 12:56 ·  reply ·  retweet ·  favourite
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