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In a recent published decision, the U.S. Court of Appeals for the Tenth Circuit confronted for the first time the question of whether the Lanham Act’s scope extends outside of the United States. Reviewing decisions from other circuits, the appellate court held that the Act can have extraterritorial application, if certain conditions are met. In doing so, the Tenth Circuit recognized — and further deepened — an ongoing circuit split.
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Sender Beware: Jurisdictional Risks of Pre-Litigation Communications
By Sarah Benowich
The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.
By Stan Soocher
Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive “wide theatrical release.” Updated Oct. 1 to reflect a confidential settlement reached in the case.
Eighth Circuit Permits Recovery for ‘Initial-Interest Confusion’ In Trademark Cases
By Eric Alan Stone and Catherine Nyarady
The likelihood of confusion analysis is often focused on confusion at the time of purchase, but the U.S. Court of Appeals for the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth and Federal Circuits permit mark holders to allege infringement based on presale, initial-interest confusion. Earlier this year, the Eighth Circuit joined the majority of circuits in permitting recovery for initial-interest confusion in certain circumstances.
By Howard Shire and Jóna Mays
Nike Seeks $150 Million In Sanctions from Six Chinese Banks, and Loses
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