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Old 02-05-2010, 11:55 PM  
marketsmart
HOMICIDAL TROLL KILLER
 
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Join Date: Dec 2004
Location: Sunnybrook Institution for the Criminally Insane
Posts: 20,419
Quote:
Originally Posted by DaddyHalbucks View Post
Generally, the first user "prior use" has superior rights.

Just because there is no registered trademark does not mean there is no trademark right. Common law trademarks can also exist.
even on a parked domain?

my understanding so far is that prior use may warrant a geographical exemption, the tm holder will still be able to uphold the tm rights outside of the prior use geo area provided the original user was only operating in a geo area and not nationally.....
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