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Article: A trademark gamble: should use of services abroad by U.S. citizens meet the Lanham Act "use in commerce" requirement?
- Article from:
- Iowa Law Review
- Article date:
- April 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT: The Lanham Act, which protects trademark rights under U.S. law, requires that a mark be in "use in commerce" to qualify for federal protection. This "use" assumes use in all forms of commerce Congress can regulate under the Constitution. Courts have previously interpreted the language of the Lanham Act to require that the use of the good or service related to the mark occur in the United States for U.S. federal law to protect the mark. However, a new test for services used abroad requires that only advertising occur in the United States, if coupled with use of the service abroad by U.S. citizens. In such a case, the Lanham Act applies based on Congress's power ...