Trademark rights arise in the United States from the actual use of the mark. These locations of the law are mainly inside the jurisdiction of the states and as a result state courts are the major source of common law. In contrast, in civil law jurisdictions, courts give the writings of law professors important weight, partly mainly because civil law decisions traditionally were pretty brief, sometimes no far more than a paragraph stating who wins and who loses. As in the American jurisdictions that have preserved it, this kind of marriage can be tricky to prove. Common law changes more than time, and at this time, each and every state has its own common law on lots of subjects.
In contrast, in civil law systems, case law only acquires weight when a lengthy series of cases use consistent reasoning, referred to as jurisprudence constante In civil law systems, individual choices …Read More