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Degree Of Difficulty Climbs For Protecting Trademarks For US Brands In International Markets

 
• By Malcolm Spicer

Supreme Court finds presumption against extraterritorial reach of US laws, saying Congress never “affirmatively and unmistakably instructed” Lanham Act provisions apply to foreign conduct. Brands are known soon after launch in countries where they’re not marketed and some businesses likely see opportunities.

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Consumer health and beauty product firms as well as businesses across branded product sectors will have more difficulty protecting trademarks from infringement in foreign countries following a recent US Supreme Court decision.

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