This article analyzes trademark rights depending on: (1) whether a user is relying on common-law rights or a federal trademark registration, (2) the effective date on which a user’s rights began, and (3) the geographical scope of the use. Before considering specific examples, two foundational concepts of trademark rights are first discussed: (a) intrastate versus interstate use of a trademark, and (b) the natural zone of expansion.
Please see full publication below for more information.