'Use In Commerce' Problems In US Trademark Cases

Law360, New York (June 14, 2010, 11:50 AM EDT) -- In the United States, trademark rights are created only when goods or services are offered within the geographic borders of the United States. This fundamental doctrine is referred to as the “Territoriality Principle.”

The rise of international tourism, the globalizing marketplace, and the borderless Internet have all combined to present significant challenges for the Territoriality Principle by raising serious questions about what “use in the U.S.” means.

Recently, foreign casinos have stood at the forefront of U.S. litigation where the meaning of “use in the United...
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