Tuesday, May 20, 2014

Allard Enterprises, Inc. v. Advanced Programming Resources, Inc. case brief summary

  • Allard Enterprises, Inc. v. Advanced Programming Resources, Inc. case brief summary

    FACTS
    (Old APR) used the APR mark in connection with its personnel placement. This company was taken over by AGS and the mark of APR was abandoned. An employee of AGS (Heagren) started his own business called Advanced Programming Resources (New APR) in 1989. Another former employee of AGS left the company and started his own business – registering the mark of APR of Ohio in 1994.
    • HELD: Prior use of a trademark may override federal registration of a trademark as long as there is a genuine use of the mark in commerce trademark. Ownership may be established even if the first uses are not extensive and do not result in deep market penetration or widespread recognition.
      • If “A” starts use in Cleveland and “B” comes in and registers the trademark, B has superior trademark except for in Cleveland and natural expansion areas.
      • If you register you have nationwide rights – even if you aren’t in every city, even if only one city.
      • You have to show some kind of intent that you were going to move to a different market... though to enjoin someone from using your mark
      • If mark is abandoned, and someone else comes along an shows use, they can register

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