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The Trademark Blog: "Common Law Trademarks On The Internet"
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Michael Hall · 1 year agoThe TTAB touched on this in a non-precedential concurrent use proceeding (94001147) in 2005, stating that "in the age of the Internet, concurrent use registrations premised on geographically distinct uses appear to be a legal fiction as the Internet is accessible not only nationwide but world-wide. However, there is little judicial precedent or guidance as to the effect on either trademark infringement suits or on concurrent use proceedings of use by parties on Internet websites."
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John L. Welch · 1 year agoHowever, in a precedential decision in 2006, CDS, Inc. v. I.C.E.D. Management, Inc., 80 USPQ2d 1572 (TTAB 2006), the TTAB said this: "We do not believe that the creation of the Internet has rendered the concurrent use provision of the Trademark Act moot." "[T]he presence of advertising on the Internet does not automatically preclude concurrent use registration."
