Blast or blown away? Proving priority gets a little hairy

Would-be plaintiffs obsess over the confusion issue, but they often overlook the matter of priority of use

As readers may already appreciate, to prove trademark infringement, a plaintiff has to meet two equally important requirements.

First, it must demonstrate that a defendant’s mark is likely to cause confusion with the plaintiff’s own. Second, the plaintiff must be able to prove that it used its own mark before the defendant used its mark.

Contributing Author

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Scott Slavick

Scott Slavick is a shareholder at Brinks Gilson & Lione, where his practice focuses primarily on trademark prosecution and trademark litigation. Scott maintains all aspects...

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