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Volume19
Year2010
TitleThe Tea Rose/Rectanus Doctrine Is Alive and Well: A Case Note
Author(s)Kimberly Miller
First Page35
AbstractThe Tea Rose/Rectanus doctrine holds that the senior user of a mark is not entitled to enjoin a junior user who, in good faith, has begun using a confusingly similar mark in a market prior to entry of the senior user's goods or services in that market. What is the viability of this elderly common-law doctrine in an age of nationwide and statewide mark registration systems? Alive and well, answers the Eighth Circuit Court of Appeals Healthcare v. Central Arkansas Area Agency of Aging, in a recent decision resolving a battle between the national senior user and the local junior user of the mark "Carelink" in the Arkansas fields of health care.