Ruling curbs Lanham Act's cross-border reach; by framing the issue as 'quasi-jurisdictional,' a court opens the door to interlocutory challenges
Article Abstract:
The 2d US Circuit Court of Appeals ruled in Fun-Damental Too Ltd. v. Gemmy Industrial Corp. that the extraterritorial reach of the district court's power to issue a preliminary injunction under the Lanham Act was quasi-jurisdictional. This ruling failed to clarify the jurisdictional confusion already in the case law and may have made it worse with the quasi-jurisdictional issue, as courts might have the misimpression that they lacked subject-matter jurisdiction to decide certain extraterritorial applications of the Lanham Act if the balancing tests were not satisfied.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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The House of Representatoves has passed legislation that would protect the development and use of databases,l but will the Senate follow suit this term?
Article Abstract:
The Collections of Information Antipiracy Act, passed by the House of Representatives on Mar 24, 1998, would make illegal using a collection of information created through the investment of time or money, where actual or potential harm to the market of the creator existed. Protection of the data would be for 15 years, 3 with potential liability of violators for treble damages, attorney fees, and possible criminal penalties.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
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