Re: Trademark Owner vs Exclusive Distributor

Subject: Re: Re: Trademark Owner vs Exclusive Distributor

Comments:
: : There is a spanish company that distributes a particular good out of Spain. They have an exclusive distributor to make business in my country for almost 15 years. Now, an international company who has the representation of the product in USA is trying to start to do business in this jurisdiction. Apparently they want to gain the exclusive representation of the same product in this jurisdiction, too. My question is: It would be possible for the small distributor to register the trademark at his own? Did he has gain any trademark right after 15 years in the market? : Dear Raquel Mercado, : The may be a way to locally stop the imports. This is a tough situation. I might be expensive to fight. The rights are unclear. In the US exclusive licencees have had difficulty in stoping ligitimate good that are imported. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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