Victoria registered a trademark under the Lanham Act.Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it.He proved he had registered the mark in several states more than ten years before Victoria obtained her trademark.Will Don prevail?

Question

Quizplus · Accepted Answer

Under the Lanham Act, a federal trademark registration provides nationwide priority over state registrations, unless the state user can prove they used the mark before the federal registration and continued to use it without interruption. However, since Don did not take action for six years, Victoria's federal registration is likely incontestable, barring any claims of fraud or other exceptions.

Victoria Registered a Trademark Under the Lanham Act