IMPORTANT ISSUES WHEN CONSIDERING AVATARS OR AVATAR NAMES AS COMMON LAW TRADEMARKS
POWER POINT presentationThe applicable terms of service provisions
2. theory of territorial protection for common law trademarks, the traditional way of using a mark, and how marks are now being used on the Internet;
3. how common law mark owners traditionally prove use, and how they would go about proving such use on the Internet;
4. the Natural Expansion Doctrine, how it is applied to common law marks, and what impact the Internet might have upon this doctrine
5. the Lanham Act, the problem that emerges when a common law mark owner can prove continuous prior use, and how the Internet might affect this issue
6. how and why common law trademark territorial rights are likely to be affected as more and more trademark owners place their marks on the Internet and finally
use in commerce
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