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Foreign Use of a Mark May Establish Trademark Priority in the U.S.

By Deena R. Sturm

In the recent decision of First Niagara Ins. Brokers, Inc. v. First Niagara Fin. Group, Inc. (Fed. Cir. 2007) (the 'Federal Circuit's decision'), the Federal Circuit overturned a ruling by the Trademark Trial and Appeal Board (the 'Board') dismissing an opposition by First Niagara Insurance Brokers ('FN-Canada'), a Canadian company, to registration of 'First Niagara' and related marks by First Niagara Financial Group ('FN-US'), a U.S. company. In rendering its holding, the Federal Circuit declared that, in some cases, what would seem to be purely foreign trademark activity may establish superior trademark rights in the United States.

Company Histories of FN-Canada and FN-US

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