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Trademarks › Foreign Jurisdictions

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 -
Smart & Biggar

Developing a sound global trademark filing strategy

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Registering a trademark across multiple jurisdictions can be a complex process. Brand owners must strike a balance between maximizing protection across their jurisdictions of interest and managing both risks and costs to...more

Katten Muchin Rosenman LLP

Inside, Outside, USA: Key Developments on the Boundaries of Injunctive Relief in Trademark Disputes - Katten Kattwalk | Issue 26

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Does federal trademark law reach conduct outside of the United States? The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., which prompted us to revisit a related issue we...more

McAfee & Taft

SCOTUS rules Lanham Act does not have extraterritorial reach

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In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. § 1051 et seq. The Lanham Act...more

Fenwick & West LLP

A Domesticated Lanham Act: Supreme Court’s Abitron Ruling Opens New Debate on Foreign Reach of U.S. Trademark Law

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The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our...more

Sullivan & Worcester

Supreme Court Rules U.S. Trademark Law Does Not Apply to Foreign Conduct

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On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., the U.S. Supreme Court ruled that the Lanham Act does not have an extraterritorial scope and applies only in cases where the alleged infringing “use...more

McDermott Will & Emery

Supreme Court Limits the Lanham Act’s Extraterritorial Reach

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In a decision that may make it more difficult for brand owners to enforce their marks against infringers located outside of the United States, the Supreme Court of the United States vacated the judgment of the US Court of...more

Holland & Knight LLP

U.S. Supreme Court: U.S. Trademark Statute Bars Domestic Infringement Only

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The U.S. Supreme Court issued a decision on June 29, 2023, addressing the scope of federal trademark law on conduct occurring outside of the United States. The case, Abitron Austria GmbH v. Hetronic International, Inc.,...more

Fox Rothschild LLP

U.S. Supreme Court Concludes Federal Trademark Law Cannot Be Applied to Foreign Conduct

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There have been many newsworthy rulings coming out of the Supreme Court in the last two weeks, so it is understandable if you missed this one. On Thursday, June 29, 2023, the U.S. Supreme Court ruled the Tenth Circuit wrongly...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds Lanham Act Attaches Only to Liability for Domestic Uses in Commerce

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On June 29, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Abitron Austria GmbH v. Hetronic International Inc. However, the justices were divided 5-4 as to the precise reasoning and what facts...more

White & Case LLP

Supreme Court Reins in Extraterritorial Application of the Lanham Act

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The Supreme Court ruled yesterday that the Lanham Act infringement and unfair competition provisions "are not extraterritorial and that they extend only to claims where the claimed infringing use in commerce is domestic." In...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023

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Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Vacates and Remands 10th Circuit's Decision in "Abitron"

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The US Supreme Court ruled today in the closely watched Abitron Austria GmbH v. Hetronic International, Inc. case, which considered whether a party could recover in US courts for trademark infringement that occurred outside...more

Smart & Biggar

Global brand expansion: Why Canadian trademark owners should consider whether international registration is right for them

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Until last year, most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside of Canada. They were obliged to file separate applications in each country of interest, except in...more

BakerHostetler

How to Protect and Clear Your Medical Device During Development

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Partner Hussein Akhavannik breaks down specific patent protection and clearance strategies for each stage of medical device development, from concept and design to the manufacturing and sale....more

Hanzo

The Web as a Data Source: What We Can Learn From In Re Ex Parte Application of Levi Strauss & Co.

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The web is a rich, varied, yet essentially untapped data source. Are you making full use of it in your eDiscovery? People today live their lives in full view on the web, from social media and messaging apps to chatrooms...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - October 2018: Your brand -- keep (and protect) its "character"

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Babbel.com has estimated that of the world’s approximately 7.5 billion inhabitants, 1.5 billion speak English, about 20% of the earth’s population. English is by far the most commonly-studied foreign language, and even in...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2018

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Crowdsourced Content in Video Games: How Ownership Issues Almost “Ganked” a Copyright Case - In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for...more

Jones Day

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

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The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S....more

Dorsey & Whitney LLP

What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum

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Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more

K&L Gates LLP

EU Trade Mark Law Reform - Revised Drafts Released

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The Council of the European Union has published the final texts of its proposal to amend the Community Trade Mark Regulation and Trade Mark Directive. The revised drafts reflect the key issues which have been the subject of...more

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