Does Virginia honor trademarks from corporations from other states?

Question

In other words, under Virginia law, if I create a company that uses the same trademark as another company from another state, and I register my corporation in Virginia, if the other company comes to Virginia, could I seek an injunction to stop them from using the copyright? Also, are there any cases in Virginia that are similar to this?

Answer 1

You could seek the injunction, yes.

But the court would look at many factors, including how long the other company had been in business, whether you were aware of their trademark usage, whether you acted in good faith when you registered the same mark, whether the other company had plans to expand into your state when you registed the mark, etc. And of course, whether the other company had also registered the mark federally or not.

These factors, among others, will help the court to determine which company has superior rights to the mark.

For a detailed analysis, contact an intellectual property attorney licensed in your state.

Answer 2

Trademark is an issue of Federal law. Virginia law is not an issue in this type of case. That said, the first answer is accurate regarding the issues that would be considered.

You switched terms in mid-question. Copyright is not the same as a trademark.