Legal Question in Intellectual Property in California

That would depend. If your mark is not federally registered then your rights only extend to the scope of your makret penetration and market reputation in the firts instance. So where this customer operates anda whether you have entered that market area becomes germane to the analysis Further, if the mark is rather descriptive and can have uses that are unrelated to your use then your arguments are weaker. If, however, the mark is more fanciful it becomes harder for another to explain their use of it. For example, it would be hard to explain any legit use of the term Google.

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