Person's Co., Ltd. v. Christman
United States Court of Appeals for the Federal Circuit
900 F.2d 1565 (1990)
Person's Co., Ltd. (plaintiff), a Japanese clothing company, used a stylized "Person's" logo only in Japan. Larry Christman (defendant), an American who saw the unregistered logo on a visit to Japan, began selling similar clothing bearing a copy of the logo in the U.S. and registered the mark there. Person's Co. later expanded toward the U.S. market and registered the same mark about a year after Christman. The Trademark Trial and Appeal Board granted Christman summary judgment, holding Person's Co.'s prior Japanese use could not establish priority over Christman's good-faith U.S. registration.
Whether the use of a mark in a foreign country, without any presence in United States commerce, has bearing on United States trademark law and can establish priority for the foreign user in the United States.