Common law rights are established by court recognition rather than legislative action. This system developed in England and has influenced legal systems in countries like the US. Common law marriage and trademark use are examples of common law rights, but they only exist in jurisdictions that recognize them. Common law trademarks are only protected in the region where they are commonly used.
A common law right exists even when no law has been passed by a legislator to establish that right. The right exists because the courts of common law jurisdiction have recognized it. A number of rights have been recognized by common law, but in the United States, as of 2011, the term common law is often associated with common law marriage. Common law principles also govern some aspects of trademark law in the United States.
The term common law refers to a legal precedent that has been developed in a judicial system, rather than through legislative action. In a common law system, cases are decided based on past court decisions. This type of system developed in England and has greatly influenced the legal systems of countries, including the United States, which were once governed by Great Britain. Common law rights, as a general rule, do not exist outside these countries.
One of the most frequent examples of common law law comes from common law marriage. This is the relationship that arises when a couple lives together for any length of time and present themselves as a married couple, even though no formal marriage ceremony has taken place and no marriage certificate has been obtained. In jurisdictions that recognize common law marriages, this couple would be entitled to all the rights associated with a marriage. However, common law marriage is not recognized in all jurisdictions and, consequently, no common law rights in these places would result from such a relationship.
Another common right comes from the use of a trademark. Most countries have a formal process for registering an image or symbol, known as a trademark, with a government. In the United States, on the other hand, the right to use a trademark can be established if the trademark has been used for a long period of time, even without having been formally registered. In such circumstances, a business can prohibit another party from using its trademark by proving that the trademark has been used and is associated with the business.
Unlike a registered trademark, which has explicit protection throughout the United States, a common law trademark could only be protected in the region where the trademark is commonly used. For example, a New England company might register a symbol or logo as a trademark and have the right to prevent other companies in the United States from using it. If the company has a common law trademark, however, and sells its products only within New England, another company may be able to use that logo in a different part of the United States.
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