Ninth Circuit Court of Appeals found Madrid Protocol grants priority as of the constructive use date, but to prevail on an infringement action based on that superior right of priority, the registrant must establish the requisite likelihood of confusion under the Lanham Act
Addressing for the first time the question of enforceability of a priority of right in a trademark granted pursuant to the Madrid Protocol where the registrant’s actual use in commerce.
Washington, Apr 8 (Prensa Latina) The United States Patent and Trademark Office (PTO) defeated a lawsuit filed by rum manufacturer Bacardi & Co, after reaffirming that Havana Club is Cuban property.
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