Whether the "use" that creates a common law trademark right under Section 45 of the Lanham Act, 35 U.S.C. § 1127 (2006), must be continuous—at least up until the point at which the trademark defendant begins the assertedly infringing activities—for the purported holder of a common law trademark to maintain its rights and preclude another from use.

Whether the 'use' that creates a common law trademark right under Section 45 of the Lanham Act must be continuous to maintain trademark rights