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Why is it important to allow those who have applied for trademark protection to defend preemptively against the use of the mark by another party?

Why is it important to allow those who have applied for trademark protection to defend preemptively against the use of the mark by another party?
Last Updated: Feb 09, 2012  |  196 Views
Topics: Business

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The best databases for business and copyright issues like this include Lexis-Nexis, ProQuest Business, and the business and communications parts of the EBSCO databases (all of our business databases are also linked on this LibGuide).


In any of these databases, try a search like one of these (copy and paste the following words into the search blank, or link directly to this sample EBSCO search):


(trademark OR copyright) AND preempt* AND defen*


(trademark OR copyright) AND (apply OR applied) AND defen*


Several articles from these searches seem to grapple with the issue of preemption in copyright claims.  You might want to read articles like Montz v. Pilgrim Films & Television, Inc.: Copyright Preemption and Idea Submission Cases or Copyright Preemption and the Reach of State Law or Protecting and Licensing Software: Copyright and Common Law Contract Considerations to learn more about how these laws are relevant and applied in practice. 


Similar searches in the other databases listed above will give you more information.  Let me know if I can be of any further assistance in your search.




Matt Dilworth

Answered by Matt DilworthBookmark and Share

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