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Technology Stocks : Interactive Entertainment / Videogames

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To: Scot who wrote (40)12/31/1999 6:06:00 PM
From: Mahatmabenfoo   of 81
> first to register generally prevails

Actually, in the U.S. the first to use, wins. Someone who uses 2nd, but registers first is the presumptive owner, but only until the first to use challenges the second user.

If that isn't legalistic and elliptical enough, there are many other factors which may affect analysis in a particular situation. As examples:

- by "use" I mean "use as a trademark";

- concurrent use by unrelated companies may be possible without either having superior rights, no matter who has registered, as long as "confusion" in a trademark sense isn't "likely" (for instance, one using the mark for pancakes and the other for outboard motors);

- some phrases may have a descriptive aspect, which may make it not registerable; and

- competitions for ownership of domain names can involve other factors.

In short, the matter requires a detailed study of the meanings and implications of the word "suck" as it is used in this context. Or put another way,

Happy New Year!

- Charles
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