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 because he had used it in his home state,even though he hadn't registered it.Will Don prevail?

Question

Quizplus · Accepted Answer

Don will not prevail because federal trademark registration under the Lanham Act provides nationwide protection, and the fact that Don used the mark in his home state without registering it does not override Victoria's federal registration. Additionally, the time factor mentioned implies that Don's delay in asserting his rights could be detrimental to his case.

Victoria Registered a Trademark Under the Lanham Act