Plain-English summary
Court limits when U.S. trademark law reaches foreign uses that affect U.S. businesses
The Court held that two Lanham Act provisions barring trademark infringement apply only to uses in commerce that occur within the United States. The case was vacated and remanded to the Tenth Circuit to apply that rule.
Why this matters
The decision narrows when U.S. trademark law can be used against foreign defendants for conduct that happens overseas. Businesses and brand owners must show the defendant’s trademark use occurred in U.S. commerce to invoke these Lanham Act protections, which affects international enforcement strategies and where cases can be brought.
Who may feel it
- U.S. and foreign trademark holders and their competitors
- Companies that market or sell goods internationally
- Courts deciding cross-border trademark disputes
- Attorneys who litigate trademark and intellectual property cases
Key questions
- Does the Lanham Act apply to foreign defendants whose overseas conduct diverts sales away from a U.S. plaintiff?
- What counts as a trademark 'use in commerce' that occurs within the United States for purposes of the Lanham Act?