What is the test for establishing who first adopts and uses a trade name like PETROFINA?
MultiRegion, United States of America
The following excerpt is from American Petrofina, Inc. v. Petrofina of California, Inc., 596 F.2d 896 (9th Cir. 1979):
Under both California common law and statutes, 3 whosoever first adopts and uses a trade name, either within or without the state, is its original owner. Weatherford v. Eythison, 90 Cal.App.2d 379, 202 P.2d 1040 (1949). It is undisputed that the appellees adopted and used the PETROFINA trade name long before the appellants' first use of the name. 4
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