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[sz]

Folks,

For purposes of common law TM rights, does merely putting up a website (displaying the mark) automatically mean you are doing business in every state? 

...or do you have to show you've actually done business with someone/entity in that state, in order to assert your mark there?

Thanks in advance.

szaghi

[Oh, Crud]

Folks,

For purposes of common law TM rights, does merely putting up a website (displaying the mark) automatically mean you are doing business in every state? 

...or do you have to show you've actually done business with someone/entity in that state, in order to assert your mark there?

Thanks in advance.

szaghi

I would be very surprised if that worked.  It would essentially negate the requirement that you be doing business in a particular forum to assert priority of mark use there.