The ''Tea Rose-Rectanus'' doctrine or remote, good-faith user doctrine is a

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

rule of

United States trademark law A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to ...

that determines the geographic scope of rights. The doctrine allows a junior user of a mark that is geographically remote from the senior user of the mark to establish priority over a senior user's claim to the mark in the junior user's area. The constructive use and notice sections of the

Lanham Act The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. ...

limited the applicability of this doctrine.

Overview

The doctrine is named for two early twentieth-century

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

cases, ''

Hanover Star Milling Co. v. Metcalf Hanover (; german: Hannover ; nds, Hannober) is the capital and largest city of the German States of Germany, state of Lower Saxony. Its 535,932 (2021) inhabitants make it the List of cities in Germany by population, 13th-largest city in Germa ...

'', (the "Tea Rose" case), and '' United Drug Co. v. Theodore Rectanus Co.''. The

Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

in the case of '' Grupo Gigante SA De CV v. Dallo & Co., Inc.'', described the rule as follows: For this doctrine to apply, the junior user must use the mark in good faith outside of the area of the senior user. The

Eighth Circuit The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western Distr ...

applies a four factor test to determine the area where the senior user's mark is protected. A junior user may no longer qualify as a good-faith, remote user if the junior user had knowledge of the senior user's mark.

Modern applicability

The remote, good faith user doctrine only applies where the senior user is relying upon common law trademark rights or has a federal registration that post-dates the junior user's first use. A federal registration may allow the senior user to enforce his or her rights anywhere in the U.S., regardless of actual use in any particular location within the country. The principle underlying this doctrine has been codified as part of the

, which permits Concurrent use registration where both parties had ''used'' the mark in good faith before either party had filed for a federal registration.

References

{{DEFAULTSORT:Tea Rose - Rectanus doctrine Legal doctrines and principles United States trademark law