April 30, 2026
Foley Viewpoints
Sizing Up The 3-Way Battle For 'Iceman' IP Rights
Trademark rights in the U.S. arise from use in commerce, not from registration alone. The Lanham Act's first-to-use framework means that a party who can demonstrate earlier, continuous commercial use of a mark holds superior rights over a later filer. This principle is the backbone of Gervin's case against Williams.