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It's unclear if U.S. courts will recognize trademark rights based on a significant degree of mark recognition, but no actual domestic usage. The 2d U.S. Circuit Court of Appeals earlier this year rejected the "famous marks" doctrine and the rationale the 9th Circuit gave for it in 2004. Because the U.S. Supreme Court recently denied certiorari in the 2d Circuit's case, the circuit split won't be resolved soon.
October 29, 2007 at 12:00 AM
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The original version of this story was published on National Law Journal
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