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Aug/05

Important Extraterritorial Lanham Act Case


A non-U.S. website must have a substantial effect on U.S. commerce before the court can exercise subject matter jurisdiction.  Cecil McBee v. Delica, No-04-2733 (1st Cir  August 2, 2005) (mere accessibility of Japanese clothing company’s website using CECIL McBEE in U.S., does not establish substantial effect on U.S. commerce, without more).

Lower court decision in McBee case discussed here.

Something to think about: consider this holding in view of the broad definition of U.S. commerce in the Casino du Monte Carlo case.

Hat tip to Pamela for the link.

 

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