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DIGITAL TURF WARS: ISSUES AND SOLUTIONS RELATING TO CONCURRENT USE IN A CYBERSPACE CONTEXT

Published onAug 03, 2022
DIGITAL TURF WARS: ISSUES AND SOLUTIONS RELATING TO CONCURRENT USE IN A CYBERSPACE CONTEXT

9 Wake Forest Intell. Prop. L.J. 177

The concurrent use doctrine was originally created to protect the good will of two geographically remote, good faith users who happened to be using an identical or confusingly similar trademarks in different parts of the country. While the Lanham Act significantly limits the doctrine, it still creates a statutory framework in which concurrent use and concurrent registration of trademarks may occur. Concurrent use doctrine is grounded in territory, but with increased commercial use of trademarks on the Internet, the viability of the doctrine is brought into question. This note explores the viability of continued concurrent use in light of the Internet and proposes a number of solutions that may help preserve concurrent use.

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