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   Author  Topic: Trademark rights?  (Read 1309 times)
TataBoxInhibitor
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Re: Trademark rights?
« Reply #5 on: Jun 20th, 2007, 10:43am »
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on Jun 19th, 2007, 2:21pm, JSonnabend wrote:

If by "swiss cheese" protection you mean with areas carved out, that's not right as I understand the fact pattern.  If Company 1 registers the mark before Company 2 starts using it, Company 1 can enjoin (i.e., stop) Company 2's use once Company 1 is ready to move into Company 2's geographic market.
 
- Jeff

 
Correct.  I thought your earlier statement regarding junior party was the first to use, but not register, is actually the senior party in its geographic location, thus being the hole in another registrants protection.  Correct or not corrrect with regards to what others call "swiss cheese?"
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JSonnabend
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Re: Trademark rights?
« Reply #6 on: Jun 21st, 2007, 7:56am »
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on Jun 20th, 2007, 10:43am, TataBoxInhibitor wrote:
Correct.  I thought your earlier statement regarding junior party was the first to use, but not register, is actually the senior party in its geographic location, thus being the hole in another registrants protection.  Correct or not corrrect with regards to what others call "swiss cheese?"

I've never heard the "swiss cheese" nomenclature, but you are correct that a senior user who predates registration can keep a subsequent registrant out of the senior party's geographic area, creating a "hole" in the registrant's geographic reach.  I suppose with enough such "holes", the a map of the geographic coverage of the registrant's rights might begin to look like swiss cheese.  It wouldn't taste as good, though.
 
- Jeff
« Last Edit: Jun 21st, 2007, 7:56am by JSonnabend » IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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