Supreme Court Leaves Work for Lower Courts on Trademark Law Reach

Supreme Court Leaves Work for Lower Courts on Trademark Law Reach

July 14, 2023, Bloomberg Law

The Supreme Court recently provided a clear guiding principle that the Lanham Act’s trademark infringement provisions only extend to where the claimed infringing use in commerce is domestic.

But in so doing, the high court reversed course on decades of extraterritoriality case law, left many questions unanswered, and may have unsettled the contours of trademark law for even domestic conduct.