Resurrecting Abandoned Trademarks - A Question of Perception

This article, written by Finnegan senior counsel Laurence R. Hefter and attorney Danny M. Awdeh, discusses how during the recent U.S. recession there has been an increase in abandoned trademarks, “creating an opportunity for those seeking to reanimate abandoned marks and use them for commercial gain.”  Hefter and Awdeh look at exceptions of resurrecting abandoned marks that “leave behind a lasting impression to the general public.”  The authors also discuss proving the claim of abandonment, overcoming the claim based on an intent to resume, and overcoming the claim based on residual goodwill.  Hefter and Awdeh conclude that courts must “balance the interests of the consuming public, the original mark owner, and the new adopter…if resurrected marks do not fairly represent the goodwill associated with the products they once adorned, their resurrection may be short lived.”