Re: Re: Re: prior use question

Subject: Re: Re: Re: Re: prior use question

Comments:
: : : : I realize this is a tough question to answer in the abstract, but here goes: I understand an owner of a registered trademark cannot generally stop the use of a confusingly similar mark if the similar mark proves a "prior and consistent use" in the market in question. What if the prior user makes significant changes to the style and display of his mark (but not the words of the mark)? Has he jeopardized his "prior use" defense? Does it matter if the style changes increase the level of confusion? If so, would the court likely just make the prior user revert to his previous style of mark or would he conceivably lose all his prior use defenses? : : : Dear Melissa, : : : The law must be applied to the facts. There are too many variables. : : : 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 (sm) : : : E arly L egal A dvice I s N ot E xpensive : : : : : : : : Dear Walt, : If you have a prior continuous use with regard to the mark you should have rights superior to the registrant. If you sit on those rights you can lose them. : 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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