Intellectual Property Law

Maybe the Lanham Act Should Be Amended To Create A 'Reputation WIthout Use' Cause of Action Derived From Article 6Bis

By Marty Schwimmer

John Welch blogs about a precedental TTAB case holding that Section 44 of the Lanham Act doesn't create a 'famous marks' cause of action here. He reproduces an email I sent to the INTA listserv, suggesting that maybe the Us should amend its act to include a cause of action that US companies have utilized abroad, specifically a cause of action relating to the intentional adoption of a mark that is famous to the US public, even if said mark is not in use in the US.

Full post as published by Trademark Blog on April 24, 2009 (boomark / email).