Perspective
Dec. 11, 2013
Trademark tacking surprise
It is notable that the 9th Circuit found an "exceptional" case for applying the tacking doctrine in a recent case. By James Hardin
Trademark ownership is based on priority of use - the first to actually use a trademark or trade dress (generally, "mark") in commerce has rights to it. The "tacking" doctrine - which allows someone who has updated or subtly refined a mark over time or received a valid assignment of rights in a mark from an earlier user, to "tack" onto the date of the earliest use to establish priority - is integral to this system. Bu...
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