Online Sales And Common Law Trademark Rights

Law360, New York (July 20, 2011, 1:54 PM EDT) -- On a shoestring budget, an entrepreneur can start an online business and sell her products and/or services associated with a trademark or service mark (collectively referred to as “trademark”) to customers throughout the United States. Common law trademark rights, under a judicially created scheme of rights governed by state law, attach and protect the owner of the mark in the areas in which the goods and/or services (collectively referred to as “goods”) are used by consumers.

Is it necessary for the entrepreneur to register her goods...
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