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Home / Opinion Digests / Intellectual Property / Intellectual Property – Trademark – Netherlands Flag – Antitrust – Noerr-Pennington Doctrine (access required)

Intellectual Property – Trademark – Netherlands Flag – Antitrust – Noerr-Pennington Doctrine (access required)

RE/MAX LLC v. M.L. Jones & Associates, Ltd. Even if plaintiff’s trademark has become incontestable, it may still be canceled if it was obtained contrary to 15 U.S.C. § 1052(b), which prohibits registrations of foreign flags or their simulations. Defendants identify the similarities between plaintiff’s trademarks and the flag of the Netherlands’ red-over-white-over-blue horizontal bars.

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