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Re: Re: Petition to Cancel a Registered Trademark by an Alleged Prior User[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Mike Lee on March 14, 2002 at 04:38:46: In Reply to: Re: Petition to Cancel a Registered Trademark by an Alleged Prior User posted by M Arthur Auslander on March 13, 2002 at 22:30:28: But if you were representing the registrant, how would you fight off the alleged prior user of the same trademark? Thank you. : : Assuming the alleged prior user satisfactorily proves prior use of the trademark, what recourse does the owner of registered trademark have? If the goods with the same trademark are sold to opposite market segments (one to high-end and the other to bargain discounters, does the "area of influence" play out differently? When the law says "terriorial" exclusivity, can this be construed to include various segments in a market space? : : Any comments would be much appreciated : Dear Mr. Lee, : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909
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