Quote:
Originally Posted by dilanesp
That "state law" is preempted by federal trademark law, which permits a trademark owner to use the mark in commerce anywhere in the geographic region of exclusive use. It also possibly violates the takings clause as well.
Indeed, if that law WERE enforceable, Baltimore wouldn't be trying to seize the track. They would just seek an injunction.
And it isn't the industry that matters here. It's the contracts with the other TC tracks and NBC. They define the TC. And the City of Baltimore cannot make itself a party to those agreements, and they can't seize the Preakness trademark either.
|
I read a really interesting article on this issue yesterday but it was more about use of Eminent Domain:
http://www.ownerscounsel.com/marylan...n-legislation/
It states the law may be constitutionally flawed. I also don't think the law was ever tested in court. It would seem this suit by Baltimore may result in the law being tested.
