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Trademarks › Foreign Entities

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Linda Liu & Partners

How Do Trademark Registrants for OEM Production Respond to Cancellation based on Non-use for 3 Consecutive Years?

Linda Liu & Partners on

In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more

Seyfarth Shaw LLP

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

Seyfarth Shaw LLP on

The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

Buckingham, Doolittle & Burroughs, LLC

U.S. Businesses Need Foreign Trademark Registrations in the Wake of Abitron

Buckingham, Doolittle & Burroughs, LLC on

U.S. businesses selling abroad cannot enforce domestic trademarks against foreign entities selling infringing goods into the United States through strawmen, according to a recent ruling by the U.S. Supreme Court in...more

Clark Hill PLC

U.S. Supreme Court’s Decision in Abitron Austria GMBH et al. v. Hetronic International, Inc. Underscores the Need for Foreign...

Clark Hill PLC on

On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the...more

BakerHostetler

Extraterritorial Reach of the Lanham Act

BakerHostetler on

The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United...more

International Lawyers Network

First-to-File or First-to-Use? Trademark Protection in Australia

International Lawyers Network on

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark....more

Buckingham, Doolittle & Burroughs, LLC

SCOTUS to Rule on Abitron’s Foreign Application of the Lanham Act

Buckingham, Doolittle & Burroughs, LLC on

Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? The Supreme Court will soon decide this issue in Abitron v. Hetronic, potentially...more

Fitch, Even, Tabin & Flannery LLP

Supreme Court to Decide on Lanham Act’s Extraterritorial Reach

Fitch, Even, Tabin & Flannery LLP on

On March 21, the U.S. Supreme Court will hear oral argument in Abitron Austria GmbH v. Hetronic International, Inc. to address an important question involving the exterritorial reach of federal trademark law under the Lanham...more

BakerHostetler

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

BakerHostetler on

​​​​​​​In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc., a case involving the international...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

White and Williams LLP

Foreign Trademark Applicants and Registrants Must Now Be Represented By US Counsel

White and Williams LLP on

Effective August 3, 2019, all foreign-domiciled trademark applicants, registrants and parties to proceedings before the Trademark Trial and Appeal Board must be represented by an attorney who is licensed to practice law in...more

Hogan Lovells

USPTO Proposes new rule requiring foreign trademark applicants to be represented by US licensed attorney

Hogan Lovells on

The United States Patent and Trademark Office (“USPTO”) has recently issued a notice of proposed rulemaking that would require all foreign-domiciled trademark applicants, registrants, and parties to TTAB proceedings to be...more

Polsinelli

Digital Assets and the Long-Arm of the Law

Polsinelli on

A recent ruling from a federal district judge in the Southern District of New York, involving a trademark dispute between a digital asset offering and web-titan Alibaba, has caused heads throughout the FinTech world to turn. ...more

Morrison & Foerster LLP

Indiana DOR Finds Economic Nexus, Disregards UPS

Morrison & Foerster LLP on

The Indiana Department of Revenue recently concluded that a company that earned royalty income from licensing trademarks and trade names to two of its Indiana affiliates, and had no physical presence in the state, nonetheless...more

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