Priority right and trademark

For over 20 years, James Stick, an Italian citizen, has made millions of dollars in licensing fees on the StickMan, characterized as a human figure showing the head as a circle and the rest of the body as a combination of straight lines. Through his Italian company, StickMan, James Stick secured trademarks in over 50 countries; however, he never filed for trademark protection in the U.S. From 1994 to the present, Sportsman’s Warehouse, the largest sports retailer in the United States, spent millions of dollars using the stick figure in its advertising. Since the stick figure is used for advertising, it is found on bags, shipping boxes, and on the store’s generic brand of clothing. In 2005, James Stick filed for trademark rights to the StickMan with the U.S. Patentand Trademark Office. Two months later, Sportsman’s Warehouse filed for sole trademark rights to their stick man figure. James Stick opposed the application by Sportsman’s Warehouse. Analyze why trademark protection should be granted to your party and not to the other one.

Argue both sides and conclude with which you believe to be the strongest argument and the one a judge presiding over the hearing would support


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