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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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The week in IP - @mdloney's round-up: Rihanna, DC Comics, Lycos, Rockstar Games, Alibaba http://t.co/MgIDUYBk9B http://t.co/ZSw4U4dLrU

May 22 2015 04:23 ·  reply ·  retweet ·  favourite
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Lisbon Union members adopt new Treaty & Regulations @WIPO ($/trial) http://t.co/HBZTxdpBx1 #GI #trademark http://t.co/yP77IuUKdt

May 22 2015 03:23 ·  reply ·  retweet ·  favourite
ManagingIP profile

Have you used the new, improved search function on our website? Here's what a search for "google" returns http://t.co/4dnpb35mBf

May 22 2015 03:20 ·  reply ·  retweet ·  favourite
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