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Territorial extent of trademark rights Majority: Holmes: Trademark Act of 1905 The Trade-Mark Act cannot enjoin infringement occurring only intrastate; Common-law trademark rights to not extend to states where the mark has not been used. Kellogg Co. v. National Biscuit Co. 305 U.S. 111: 1938: Substantive: Secondary meaning Majority: Brandeis
Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some ...
The Trademark Law Treaty (TLT) is a 1994 treaty entered into by a large number of countries establishing procedures for recognizing trademarks registered in other member countries. It operates under the auspices of the World Intellectual Property Organization .
In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. Before its enactment, trademarks relied solely on protection under state-level common law. [4]
Voluntary registration available for computer programs and databases. [37] South Africa: Companies and Intellectual Property Commission (CIPC) Voluntary registration available for cinematograph films. Establishes prima facie evidence of the facts contained on the registration certificate and may be used in court as proof of those facts. [38] Spain
The Tea Rose-Rectanus doctrine or remote, good-faith user doctrine [1] is a common law rule of United States trademark law that determines the geographic scope of rights. The doctrine allows a junior user of a mark that is geographically remote from the senior user of the mark to establish priority over a senior user's claim to the mark in the junior user's area. [2]
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It shared this space with the State Law Library, the Virginia Supreme Court of Appeals, the Virginia Department of Law, and the Office of the Attorney General. The Library moved to its current location at 800 East Broad Street in 1997. The old library buildings were listed on the National Register of Historic Places in 2008 and 2005 ...
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