[E-trademarks] Case law re proving really really old use

[voyer@keganlaw.com]

Back in paper library days, there was a prominent serial with news articles, company mentions, etc.
Depends of course on a) what is to be proved and b) what the judging authority is. The “what”
includes just “at least as early as,” or a precise, eg during the Great Chicago Fire of 1871.
A good professional librarian might flood you with possible resources.
Standard evidence rules.

Daniel Kegan, daniel at keganlaw.com

> On Nov 30, 2023, at 12:00 PM, e-trademarks-request at oppedahl-lists.com wrote:
> 
> Message: 8
> Date: Wed, 29 Nov 2023 22:42:37 -0500 (EST)
> From: Orvis <orvispc at gmail.com <mailto:orvispc at gmail.com>>
> To: for trademark practitioners <e-trademarks at oppedahl-lists.com <mailto:e-trademarks at oppedahl-lists.com>>
> Subject: [E-trademarks] Case law re proving really really old use
> Message-ID: <b6b0ef95-36ac-4f84-9fde-b6fb32c48eeb at gmail.com <mailto:b6b0ef95-36ac-4f84-9fde-b6fb32c48eeb at gmail.com>>
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> Some companies have been around since before computers. Sales records and other evidence of use from the early years are long gone. Does anyone know any case law about proving earlier use when most business records are long gone? Federal court or ttab case law would help. Thank you all.

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