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Article: First Circuit Establishes Framework for Determining When the Lanham Act Applies Extraterritorially.
- Article from:
- Mondaq Business Briefing
- Article date:
- September 5, 2005
CopyrightCOPYRIGHT 2005 Mondaq Ltd. 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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Rejecting the approaches of the Courts of Appeals for the Second and Ninth Circuits, the U.S. Court of Appeals for the First Circuit, in a case of first impression, established a new framework for determining when the Lanham Act should be applied extraterritorially. The court held that federal courts will have subject matter jurisdiction under the Lanham Act over the foreign activities of foreign defendants only if the alleged infringing activities have a substantial effect on U. S. commerce when viewed in light of the purposes of the Lanham Act. McBee v. Delica Co., Ltd., Case No. 04-2733 (1st Cir. Aug. 2, 2005) (Lynch, J.).
Cecil McBee is an American citizen ...