To be specific....
"Generally, the first party who either uses a mark in commerce or files an application in the PTO has the ultimate right to register that mark. The PTO's authority is limited to determining the right to register. The right to use a mark can be more complicated to determine. This is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark. Only a private attorney can provide such advice."
aka
No lawyer that actually wants to get paid would take
Grasshoppa panbient's case and if
Grasshoppa panbient actually became huge....lawyers would be breaking down
Grasshoppa jazzfromhell's-parent's door.
P.S. Only on
RM can a thread that started out being about yet another
Zeppelin reunion turn into a discussion about
band names and
trademarking laws.
Most everywhere else (filled with
Philistines) would have broken out with a favorite
Zeppelin song, record, or memory lane time.
