Property, intangible:

“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?!

Originally posted 2012-10-18 10:28:06. Republished by Blog Post Promoter

By Ron Coleman

I write this blog.

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