Josh Yeager defended a retailer located in Arizona that was sued for trademark infringement in federal court by a retailer located in a different State. The Plaintiff and Josh’s client were both selling the same types of goods and they were both using the same trademark on those goods. The Plaintiff obtained a federal registration with the U.S. Patent and Trademark Office (USPTO) for the trademark at issue. However, Josh’s client started using the trademark at issue in Arizona prior to the Plaintiff’s application for registration with the USPTO. Therefore, Josh raised a “prior use” defense under Section 33(a) of the Lanham Act, 15 U.S.C. § 1115, arguing that his client was entitled to use the trademark at issue in the trade area that it used the trademark prior to the Plaintiff’s application for registration with the USPTO. Based on the strength of the “prior use” defense, Josh was able to negotiate a settlement that was very reasonable and beneficial to his client.