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Mad Moose

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About Mad Moose

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    Bandon, OR

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  1. Can you check shipping to 96006?
  2. First, let me say that I am not an attorney nor do I play one on TV. Registering a Tradename or Trademark requires cash and time. Using a Tradename or Trademark instantly establishes ownership to the person or entity that first used it in an individual jurisdiction...i.e. City, County, State, Country. So the person or entity that can prove that they were the first to use that Tradename or Trademark in the area of dispute has the right to its continued use. For example: Party A registers the name Big John's Leather in Coos County OR in 1985 and only sells at local craft shows. Party B registers the name Big John's Leather in King County FL in 2012, but sells products in three states and has an Internet presence has the right to the name anywhere that sales have occured except Coos County OR because the name is currently registered there to someone else. If the Florida company did sell in Coos County OR, the Oregon company could force them to stop even if they did not register their Tradename of Trademark federally. If they had, they would also be entitled to recover attorney and other costs associated with defending their right. The above I learned through personal experience defending a Tradename for a Public Safety Software company that I co-owned. The costs were outrageous, but worth it to use because our products and services dealt with Post 9-11 Bio-Terrorism detection and communication and were in use throughout a large portion of the US.
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