Bill Anderson wrote:
...
> The archives show that Loren was using this term for this usage by
> nearly a month. if nothing else, the timing of the application
> coinciding with the introduction of the term by Loren is at best
> suspicious. In fact, it occurs on the very day that Loren made the
> announcement of the howto.


And according to the USPTO:

Federal registration is not required to establish rights in a trademark.
Common law rights arise from actual use of a mark. Generally, the first
to either use a mark in commerce or file an intent to use application
with the Patent and Trademark Office has the ultimate right to use and
registration. 

Loren wins again. :)


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