Printed Publications in Evidence

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08.29.16

By Leslie Ruiter

Certain printed publications can be admitted into evidence through a Notice of Reliance.  Such printed publications are not admissible for the truth or the matters contained therein, but only for their existence and the fact that they were in fact published on a given date and displayed particular text or images. TBMP Sec. 704.08. But even this narrow evidentiary value can be very beneficial in a trademark matter, since a printed publication can establish that a term has been used, for example, descriptively or generically, or that a trademark was made known to the public, that certain goods bearing a mark have been widely advertised, or that a certain brand has been promoted in a publication that targets a particular class of consumers.  See, e.g. In re Omaha Nat’l Corp., 2 U.S.P.Q. 1859, 1860 (Fed. Cir. 1987).

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