Newcomer's Trademark Rights Take Back Seat in Limited Area to Local Prior User

What happens when a large newcomer to a geographic region with a federal registration for its service mark encounters a smaller pre-existing business in that region with prior use of a similar mark for the same services? Enjoinable reverse infringement results, according to the U.S. Court of Appeals for the Third Circuit. <i>Citizens Financial Group, Inc. v. Citizens National Bank of Evans City,<i> Case Nos. 03-2868 and 03-3175 (3d Cir. 2004).

17 minute read October 08, 2004 at 12:21 PM
By
Judith L. Grubner
Newcomer's Trademark Rights Take Back Seat in Limited Area to Local Prior User

What happens when a large newcomer to a geographic region with a federal registration for its service mark encounters a smaller pre-existing business in that region with prior use of a similar mark for the same services?

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