U.S. SUPREME COURT RULES U.S. TRADEMARK LAW DOES NOT APPLY EXTRATERRITORIALLY
August 23, 2023
On June 29, 2023, the U.S. Supreme Court ruled that the U.S. law against trademark infringement, known as the Lanham Act, does not apply extraterritorially, meaning the law is only applicable to infringements that occur within the U.S. Specifically, a majority of the Court found that Congress did not provide an “express statement” in the Lanham Act to note that the law would apply extraterritorially, meaning Congress did not intend for the law to govern actions that occur outside of the U.S. The Court based its decision on the legal principle known as the “presumption against extraterritoriality,” which is the presumption that laws created in a country should not be deemed to apply to conduct in the territory of another country while specifically noting the longstanding U.S. legal principle that any laws enacted by Congress are meant to only apply within the U.S. unless contrary intent is specified in the law.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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