Third Circuit Rules On Concurrent Use Trademark Actions

Law360, New York (February 4, 2004, 12:00 AM EST) -- A federal appeals court has ruled that the courts do not have original jurisdiction in cases involving concurrent trademarks, and can only become involved after the U.S. Patent and Trademark Office issues a decision.

In a unanimous ruling released on Jan. 27, the Third Circuit Court of Appeals in Philadelphia upheld an earlier decision by the District Court of Delaware in the case of J&D Home Improvement, Inc. v. Basement Doctor, Inc.

J&D Home Improvement began to use the mark “The Basement Doctor” in the Midwest,...
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