Hmm. Pretty interesting re: Common Law Trademark. A distantly related case is my wife's business. Turns out there is a shop with an identical name out in CA. Sometimes her accounts ship her merchandise to us by mistake. Anyway, we're looking at expanding online, and I wonder how that affects the geographical component of CLT...hmm.
What constitutes a "geographical market", vis-a-vis CLT? For those purposes is "Greater Seattle area" the market of interest? I suppose with a birth center one could make an argument that anywhere more than a 30 minute drive probably isn't an overlapping market. Not sure it's defensible, but then, CLTs aren't super defensible to begin with, so far as I can tell. Edit: I think the video has fuckall to say about CLT, because it's from the USPTO, and they don't want to encourage anyone to go that route, as it isn't a great option for businesses or attorneys.