Tacking And Intent To Use Trademark As Ways To Prove Seniority Of Trademark Use

This case demonstrates the use of the “tacking doctrine” to prove who was the senior user of the disputed mark. The standard for tacking is very strict and must include the use of very similar trademarks.

The following questions have been addressed in this article:

What is a trademark?
What is tacking?
Who were the parties and the facts underlying the case?
What did the court determine in regards to the tacking argument?
What did the court determine in regards to the intent to use argument?

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