Re: 2 owners

Larissa Lambino <larissa[_at_]skyinet.net> wrote:
>
> There are two owners for a given trademark, owner A having
> rights in XYZ countries, and owner B having rights to the trademark
> in countries UVW. Now, owner A opens an internet site
> to allow countries XYZ to have access/use of the trademark.
> Can owner B sue owner A for infringement if a person from countries
> UVW is thereby allowed to access the trademark?

Easy answer: Yes. Anyone can sue anyone. Harder question is whether Owner B is likely to be successful in the suit against Owner A. That will depend on whether Owner A's Internet use of the mark constitutes "use" of the mark "in" countries UVW, according to those countries' standards of trademark law; and, if it does, whether such use creates a likelihood of confusion, when all relevant factors are considered (similarity of the marks, similarity of the goods, services, markets, etc.). Of course, none of this will happen until after a possibly drawn-out jurisdictional battle is fought over WHERE B can bring suit against A.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Mon Jul 07 1997 - 15:46:23 GMT