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Prior art applies to patents, not trademarks. Trademark rights arise from use in commerce. Trademarks generally go to the first user within a given market. I
by bonesss 9y ago
Prior art applies to patents, not trademarks. Trademark rights arise from use in commerce.
Trademarks generally go to the first user within a given market. In this case, had the Googleplex delivered online search services and were in business before Google they would be able to stop Google from being "Google" if that it would dilute the value of their trademark or, more likely, cause customer confusion.
Ideally they would have federally registered the trademark and also protected it in the market in a timely fashion. If not they would lose their protection, which is why trademarks are vigorously protected.