14
Apr/04

First Circuit: Good Faith Adoption In View of Non-U.S. Trademark Use


Interesting First Circuit Case re good faith adoption.  Defendant knew that plaintiff continued to use mark abroad, but alleged that it had abandoned rights in the U.S. First Cicuit holds for defendant, citing Persons case (900 F.2d 1565 (Fed Cir 1990) for proposition that “knowledge of a foreign use does not preclude good faith adoption in the U.S.”  Of course this proposition must be read in light of the recent 2d Cir COHIBA case, which limits the rule with regard to famous marks, and the 4th Cir. Casino de Monte Carlo case with regard to what constitutes use in the U.S.

General Healthcare v. Qeshat, Kent International Products, No. 03-1968 (1st Cir Apirl 13, 2004)

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