Partner Nadine H. Jacobson is quoted in Bloomberg Law regarding SCOTUS’s decision to review a recent ruling in the Tenth Circuit in which the award was almost entirely derived from foreign trademark infringement profits. The high court is expected to overturn the decision and to clarify that the Lanham Act’s reach is designed to be domestic.
“I think the Tenth Circuit is going down in flames on that one,” Nadine says. “The case law on the Lanham Act says you have to show an impact on commerce in the US. It has to affect reputation, sales—a significant effect. I don’t think they’ve done that in this case.”
The Tenth Circuit is arguing the case’s trademark infringement limited US sales, and also foreign infringement revenue that would have flowed to the defendant and into the US economy.
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