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Supreme Court Decision Makes Partnerships With International Manufacturers More Crucial For US Firms

 
• By Malcolm Spicer

Supreme Court finds presumption against extraterritorial reach of US laws, saying Congress never “affirmatively and unmistakably instructed” Lanham Act provisions apply to foreign conduct. Contracting with manufacturers abroad is potential pitfall for protecting trademarks, along with licensing brands to foreign marketers.

• Source: Shutterstock

A recent US Supreme Court decision should steer marketers across branded product sectors, including consumer health care products, to make sure their agreements with manufacturers, distributors and other businesses in other countries will prevent infringing their trademarks.

“They should make it clear that they own the trademark rights, and that those companies are not allowed to start making their own kinds of products with those brands abroad...

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