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by grellas
5453 days ago
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Check with a good IP lawyer in your area. In general, with trademarks, first use in a given geographic area gives you superior rights over a subsequent mark that is federally registered but only later brought into use. With respect to the geography in which the first use takes precedence (this is called "common law trademark rights," the junior mark (i.e., the one used later in time though first registered) will normally wind up being the infringing mark concerning use in that area (thus, Amazon registered a powerful mark but wound up having to pay a small Minneapolis bookstore known as "Amazon Bookstore" to settle up with it for infringing its common law rights in the Minneapolis area - which rights were superior to Amazon's in that area owing to the small bookstore's having been the first to use the Amazon mark in that area, even though they never registered it). These areas are complex and I can't advise on your specific case in a public forum. I note the above analysis only to suggest that you explore your rights further - you very likely hold the strong hand here. |
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