In recent months, American trademark law has shown that it is necessary for the law to operate globally and not have limitations based on geography. In the recent Trader Joe's v. Hallett and Belmora v. Bayer cases, the circuit courts issued important rulings on how the Lanham Act, which is limited to issues involving American commerce, should operate across borders. Law360 reached to Finnegan partner Mark Sommers for his thoughts.
Sommers said, "Courts are realizing that there are trademark issues that reach over a geographic boundary and have real and substantial impacts on the U.S. consuming public. They’re becoming more sensitive to the idea that if something is causing confusion, it is something we need to protect against."
