No. 06-CV-1909 (JFB) (ARL) (E.D.N.Y. Mar. 26, 2007) Cited 39 times 1 Legal Analyses
Holding clause providing that "any action relating to this agreement must be brought in Ontario," in agreement subject to Ontarian law, plainly required disputes to be brought in Ontario
Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"