The New York Times Quotes Josh Gerben Regarding Geographic Center Dispute

As many as three towns in North Dakota have been called the geographic center of North America.  Rugby, one of the towns, registered a trademark that commemorated this title.  With its recent lapse, a bar owner in Robinson, N.D., registered a similar phrase that acknowledges the center being located in this different town.

The New York Times quoted Josh Gerben regarding the trademark aspect of the dispute:

It’s possible that Rugby has a case, said Josh Gerben, a trademark lawyer and founder of Gerben IP, based in Washington. “If you use a trademark for long enough that people get to know you as the place where the trademark originates from, you have what’s called common law rights,” said Mr. Gerben, who has no stake in the conflict.

Theoretically, science could be used in court to challenge Rugby’s and Robinson’s claims.  Expert testimony from Dr. Rogerson and other scientists could be used to challenge a trademark claims on the grounds that it is deceptive, Mr. Gerben said.

 

Article: Yin, S.  “North America’s Geographical Center May Be in a North Dakota Town Called Center”. January 25, 2017. New York Times.

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