Re: 2 owners

Bob Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> 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.

Thanks for answering!

I've assumed that B has brought an action for infringement in either U,V or W country - let's make it "U" country - and that under U's laws, A's use of the trademark is considered infringement.

Nevertheless, would the suit prosper even if:

1. A has posted clear warnings on his internet site, like "only for persons in countries XYZ", or "this site can only be accessed by persons in countries XYZ", and the like; and
2. assuming that US jurisprudence is basis for persuasive authority in countries UVW, can we consider obiter of the Supreme Court in Reno v. ACLU regarding the current technical impossibility of screening all viewers of a given website, i.e. to bolster an argument that the safeguards employed by A should be considered sufficient.

Larissa Lambino
<larissa[_at_]skyinet.net> Received on Sun Jul 13 1997 - 08:10:38 GMT