It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more
There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. 15 USC ยง 1051(e) provides that if a non-U.S. entity registers for a trademark in the United States without...more
Circuit courts have struggled for decades to adopt a uniform approach for when to apply the Lanham Act extraterritorially. That struggle may end soon. In the Abitron Austria case, the Supreme Court is set to clarify the scope...more
In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney....more