ARTICLE · 04 OCTOBER 2019

When Is Online Use Of A Mark Trademark Use?

Goldman Sloan Nash & Haber LLP

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A recent decision of the Federal Court helps to clarify what needs to be shown to establish trademark use in an online context.

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A recent decision of the Federal Court helps to clarify what needs to be shown to establish trademark use in an online context.

The Facts

The registrant owned a Canadian trademark registration of the trademark LIVE, (the Mark), for use in association with three categories of services: advertising and marketing services for others, entertainment services and hotel services.

The registrant is a company based in Baltimore, Maryland and is an affiliate of a group of privately held companies known as The Cordish Companies which develop, construct, manage, and operate large-scale commercial real estate projects with entertainment, gaming, restaurant, residential, and hospitality operations. The registrant is a holding company not actively involved in the businesses operated by The Cordish Companies.

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