24
Apr/09

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


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.

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