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Reaching beyond our borders to catch trademark infringers has always been challenging. I recall a case against a Turkish herbal product producer who was infringing our U.S. client's trade dress. Although the offending product was advertised in the United States, the Turkish producer had no local presence for accepting service. The procedures for effecting extraterritorial service were byzantine indeed.
The growing importance of the Internet as an advertising and distribution medium has dramatically increased the globalization of trademark problems. That fine cafe you enjoyed in Portofino last summer can now post a Web site to promote its specialty products to customers in Pasadena virtually overnight.
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There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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