Originally posted 2010-06-04 13:13:32. Republished by Blog Post Promoter
“Jus tertii” – Wikipedia says Latin for “third party rights” – is a claim by a defendant that someone else has rights superior to the plaintiff’s that defeat the plaintiff’s claim.It’s generally a loser in a trademark case, because a trademark plaintiff need not have exclusive rights. . . .
There is an exception to the usual disfavor for a jus tertii defense, which is if the defendant can prove privity with the third party allowing it to claim some entitlement to the priority rights of the third party:
[I]f a third party permits a defendant to use a trademark as part of a contractual arrangement, the defendant can avoid liability for trademark infringement by invoking the superior trademark rights of the third party.
Pamela Chestek, now I can stand when you enter the room: You’ve taught me something utterly, completely new I never knew before.
And you, readers, never knew
there was such a thing I could admit that there was such a thing, did you?!