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How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. In Abitron Austria GmbH v. Hetronic International, Inc., No. 21-1043, the Court held these Lanham Act claims do not extend extraterritorially, and only apply where the infringing use in commerce is domestic. 216 L. Ed. 2d 1013; 2023 U.S.P.Q.2d 760 (2023). The decision vacates a $95 million dollar damages award that was premised on infringing conduct that occurred primarily outside the United States.
Though the decision does not address and will not limit a trademark owner's ability to establish, for registration purposes, use in commerce through sales extending into foreign countries, it does limit a trademark owner's ability to enforce its rights in U.S. courts should a third party infringe its marks abroad. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.