If I own a trademark on a cosmetic brand. Let's say the trademark is Janaway. I think I'm clear on most things that would be a violation. My question is this...would it be a violation if someone else used this phrase in the sale of their own product, this honors the very well known an sought after Janaway.
Thank you for your help.
Answer
There are two issues here. One is there a likelihood of confusion between their product and yours based on channels of trade. If the channels of trade are different usually there is no issue. the second issue that I believe you are speaking to is whether the mark has achieved "super priority" based on use in commerce. I cannot answer this question because there were not enough fscts presented for the analysis.
If you have questions regarding these issues, find an intellectual property attorney in your jurisdiction to assist you.
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