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Re: Re: Precedent trademark cases

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Posted by M. Arthur Auslander on July 12, 1999 at 05:11:39:

In Reply to: Re: Precedent trademark cases posted by Roe vs. Wade on July 11, 1999 at 16:38:48:

: : Are there any precedent cases where someone has gained legal possession of trademark by an opposer who is a large company?

: : For example: if someone was using the word BLUEBANK AS A TRADEMARK NAME AND THE BIG CORPORATION USED THE NAME, FOR EXAMPLE, GENERAL MILLS BLUEBANK AND HAD THOSE THREE WORDS REGISTERED, WOULD THE LITTLE GUY BE ABLE TO USE HIS NAME TO MARKET HIS PRODUCT?
In the PTO the question is one of likelihood of confusion as to the source of the mark. The is an antidilution statue and the law of unfair competition to endanger use of a similar mark. The is a lot of precident. With more fact the risks could be better evauated.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com

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Subject: Re: Re: Re: Precedent trademark cases

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: : : Are there any precedent cases where someone has gained legal possession of trademark by an opposer who is a large company? : : : For example: if someone was using the word BLUEBANK AS A TRADEMARK NAME AND THE BIG CORPORATION USED THE NAME, FOR EXAMPLE, GENERAL MILLS BLUEBANK AND HAD THOSE THREE WORDS REGISTERED, WOULD THE LITTLE GUY BE ABLE TO USE HIS NAME TO MARKET HIS PRODUCT? : In the PTO the question is one of likelihood of confusion as to the source of the mark. The is an antidilution statue and the law of unfair competition to endanger use of a similar mark. The is a lot of precident. With more fact the risks could be better evauated. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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Re: Re: Precedent trademark cases

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