21
Nov/06

Trademark Rights On The Moon


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KFC has unveiled a new logo. It has constructed an extra large version in the Area 51 desert in Nevada. It is claimed that this is visible from space. I read once that the Great Wall of China is the only man-made feature visible from space. Well, now there’s two. If mere appearance of a mark in a jurisdiction constituted good trademark use, then this usage may give rise to protectable rights on the moon. However most jurisdictions require at least the potential to fulfill an order in that jurisdiction, if not an actual sales (this is why transmitting mere advertisements into a jurisdiction without more, is problematic for claiming rights). Therefore, someone might still be able to beat KFC to the moon.

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