Was watching Seinfeld the other day, and Jerry was doing a skit on 'if the legal world obeyed the rules of children.' When you're a kid, all you have to do is call it.
"Your Honor, my client got there first."
"And did he call it?"
"Well, no, your Honor but-"
"If he didn't call it, that's it. Case closed."
In Trademark class, we were discussing the way you can reserve a mark by filing an Intent to Use application, which holds a mark for a period of time while the company develops the product. To obtain the mark, the company must subsequently use the mark in commerce. My professor noted that it doesn't matter if someone else uses the mark before the ITU turns into a mark registration. I got a laugh when he said:
"An ITU application is like saying, 'You can't use this mark. I called it.'"
[Later]: And isn't that what Locke was all about? "First in time equals first in right."