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The current use standard is prejudiced against small businesses – that’s McDowall.

< for reference >

1AC McDowall 15 – Krystil McDowall (New York Attorney, specializing in Intellectual Property Law), Spring 2015, "A Critical Look at ‘Use’ Under the Landham Act," New York University Journal of Intellectual Property and Entertainment Law, https://jipel.law.nyu.edu/wp-content/uploads/2015/05/NYU_JIPEL_Vol-4-No-2-2_McDowall_UseUnderLanhamAct.pdf /$antiP/

Many start-up and small businesses have sporadic initial sales patterns for a number of justifiable reasons, including a lack of resources or expertise (if the mark owner is new to the industry) or lack of capital (which may prevent the mark owner from obtaining legal counsel). It follows, then, that the continuous use standard is prejudiced in favor of those brands that are already strong, or have sufficient capital, over those that are starting out. In this way, the continuous use standard under the Act is unequal in its application as the standard is biased in favor of the strong. Where de minimis use is in issue, the law says “might is legally right,” or at least, “legally better.” As a result, the continuous use standard deprives some new or startup businesses from growing a burgeoning brand into a thriving core asset.

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