Intellectual Property
Aug. 18, 2016
Asserting foreign trademarks in the US
A recent 4th Circuit decision is turning the tables on the perception that parties cannot assert foreign trademarks within the U.S. when the mark was only used extraterritorially. By Eric Ball and Hailey Teton
Courts around the country have been wrestling with the following question: Can a party assert its foreign trademark in the U.S. even when it has never used the mark in the U.S.? The common answer used to be: No! But recent decisions are pushing back on this perception. In Belmora LLC v. Bayer Consumer Care AG, the 4th U.S. Circuit Court...
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