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The U.S. Supreme Court's holding in Abitron Austria GmbH v. Hetronic International, Inc. makes clear that, for the time being, U.S. plaintiffs cannot enforce the Lanham Act against non-U.S. defendants who transact exclusively outside of U.S. borders.
Supreme Court held that the Lanham Act only extends to claims where the claimed trademark infringing use is domestic, making clear that for now US plaintiffs cannot enforce Lanham Act against non US defendants who transact exclusively outside of USA borders.
To embed, copy and paste the code into your website or blog: In case you missed it, President Trump signed the Trademark Modernization Act of 2020 (TMA) into law on December 27, 2020. The TMA, which garnered bi-partisan support and was included in the COVID-19 Economic Relief Bill, establishes the following four changes to current trademark laws: It formalizes a process for submitting evidence against pending third party trademark applications; It enables the USPTO to shorten Office Action response deadlines from the current six-month period to anywhere between two months and six months; It ...