Trademark Law: Interpreting the Congressional Intent of the Extraterritorial Application of the Lanham Trademark Act

This note focuses on court decisions concerning the extraterritorial reach of the Lanham Act (Act). The Act does not expressly establish the limits of its jurisdiction beyond the territorial boundaries of the United States. Therefore, its extraterritorial scope has been defined primarily by judicial decisions. This note analyzes the evolution and various applications of both extraterritorial tests as they are used by district and circuit courts to determine the reach of the Act.

Specifically, the note is divided into four separate discussions of how the Second, Fourth, Fifth, and Ninth Circuits determine the extraterritorial reach of the Act. These are the circuits that are the most active in this area of law. The structure of the note moves forward chronologically within each circuit by analyzing the major cases and how the law has evolved to its position today. Finally, each position is evaluated and a model is recommended that may inject some predictability and uniformity into this area of law.