Quote:
Originally Posted by Neens
I'm with you on the confusion part. The cuban owned shops can't open on US soil so there can't be any confusion. But it doesn't matter how long Mr. Houmani has been in business, all the matters is who the trademark was granted to first. You could be running a business for 30 years and I opened last week with the same name, if I get a federal trademark and you haven't filed for one I can start up a law suit which would make you close or change your name.
|
Not sure about that, at least not based on last 10 years' worth of court cases. In theory that may be true, but only in theory. Operating under a name establishes your "trademark" whether you filed for one or not. It doesn't make much effort to prove to courts that you have been operating under Name X for 30 years and no matter if someone else just opened and trade marked the name, the name is still yours and your customers know you under that name. Whether you filed for a trademark or not, you used it first. It will cost you to fight it, but you'll win (and may counter sue to recoup your legal costs as well).
Take a look at internet domain names property rights, the courts have settled that issue some time ago. Only because I registered domain name under apple.com (or any other well known name) does not make it mine.