Question

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?

Answer 1

Answer: No

Explanation: Don will not prevail because he didn't registered it while he was using it at his home state. Therefore, Victoria can continue to use the mark because of the time involved.