Extraterritorial Reach of Lanham Act and Protection of IP Rights: Pursuing Foreign Infringers
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide IP counsel on the reach of the Lanham Act’s extraterritorial provision. The panel will examine how the courts have treated these cases and offer insights into how IP owners can use the Lanham Act to protect their IP rights.
- Lanham Act’s extraterritorial reach
- Court treatment
- Blumenthal Distributing Inc. d/b/a Office Star v. Herman Miller Inc., 2017 WL 3271706 (C.D. Cal. Aug.1, 2017)
- Int’l Diamond Importers Inc. d/b/a I.D.I. Design Inc. v. Med Art Inc., 2017 WL 3271706 (S.D.N.Y. June 29, 2017)
- Belmora L.L.C. v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, 2017 WL 737826 (U.S. Feb. 27, 2017)
- Trader Joe’s Co. v. Hallatt, 835 F.3d 960 (9th Cir. 2016)
- Use of the Lanham Act to protect IP rights
The panel will review these and other key issues:
- How are U.S. courts addressing cases in which U.S. registrants seek relief that would require the extraterritorial application of the Lanham Act?
- Does the extraterritorial application of the Lanham Act implicate the federal court’s subject matter jurisdiction?
- Does the extraterritorial application of the Lanham Act run contrary to the fundamental “use in commerce” requirement?
Megan K. Bannigan
Debevoise & Plimpton
Ms. Bannigan specializes in trademark, copyright, false advertising, rights of publicity, licensing and other... | Read More
Ms. Bannigan specializes in trademark, copyright, false advertising, rights of publicity, licensing and other contractual disputes and related matters. She represents clients across a range of industries, including fashion and luxury goods, entertainment, professional sports, pharmaceuticals, consumer products and financial services. Ms. Bannigan has extensive trial experience as well as experience representing clients before the USPTO, the TTAB and the International Trade Commission. She is a frequent speaker on IP issues and is an adjunct professor at Rutgers School of Law.Close
Douglas A. Rettew
Finnegan Henderson Farabow Garrett & Dunner
Mr. Rettew leads the firm’s Trademark and Copyright Group. He focuses his practice on trademark, false... | Read More
Mr. Rettew leads the firm’s Trademark and Copyright Group. He focuses his practice on trademark, false advertising, and unfair competition litigation and disputes. Mr. Rettew litigates cases involving a broad range of issues, including traditional trademarks, trade dress, design patents, false advertising, product disparagement, unfair competition, and domain names. He is also involved in trademark and copyright prosecution and licensing. Mr. Rettew has first-chair jury and bench trial and appellate experience and has argued appeals before the U.S. Courts of Appeals for the Federal, Fourth and Eighth Circuits. He also litigates oppositions, cancellations and ex parte appeals before the TTAB.Close
Mr. Robins represents clients on a variety of intellectual property matters, with a focus on: the resolution of... | Read More
Mr. Robins represents clients on a variety of intellectual property matters, with a focus on: the resolution of trademark, copyright, unfair competition, advertising, publicity rights, and related disputes; strategic trademark portfolio development, management, and protection; and counseling on the use and protection of copyrighted works. His areas of industry and technical experience include information technology, search engines, e-commerce, pharmaceuticals, medical devices, consumer goods, financial services, restaurants and clubs, furniture, photography and design, food and beverage, and sports and sporting goods.Close