Victoria registered a trademark under the Lanham Act. Six years later Don noticed Victoria's trademark and filed a lawsuit to enjoin her from using it because he had used it in his home state, even though he hadn't registered it. Will Don prevail?
A)Yes. Victoria should have conducted a better search of trademarks registered under state laws.
B)Yes. Federal law specifically states a federal trademark is not valid for any lawful owner of the same mark under state law.
C)No. Don will not prevail and Victoria can continue to use the mark because of the time involved.
D)No. But Don can register the mark after it has been 10 years since Victoria registered it because Victoria cannot renew it.
C
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