Finguerra-DuCharme And Saady Write About SCOTUS Lanham Act Ruling

Pryor Cashman Partner Dyan Finguerra-DuCharme, co-chair of the Trademark Practice, and Litigation Associate Nicholas Saady have co-authored an article for The National Law Journal that examines the impact of the U.S. Supreme Court's decision in Abitron v. Hetronic International on trademark law.

In "The Lanham Act Does Not 'Rule the World,'" Dyan and Nick look at practical issues raised by the SCOTUS ruling, the Court's Lanham Act test for international trademark disputes, and what businesses and rights owners need to know about the case.

Discussing the Lanham Act test, they note that the majority's opinion has practical limits:

Although the majority's opinion provides what seems to be a straightforward test to determine the application of the Lanham Act to international trademark disputes, it fails to provide a robust or practically workable framework to decide such disputes. It is challenging to apply the majority's test on a case-by-case basis, especially