USTA considers revisions to model state bill

Article Abstract:

The US Trademark Assn (USTA) is at work on the Model State Trademark Bill. Although the bill was modeled after the Lanham Act, state registrations do not provide the same benefits. They are, however, a public document showing claimed ownership, and most state statutes also provide remedies for infringement. Like the Trademark Law Revision Act (TLRA), the model bill defines more closely what is meant by 'use in commerce.' The bill contains a dilution clause and provisions regarding abandonment of a trademark.

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Licensing of products poses new challenges; the courts are redrawing the lines defining rights

Article Abstract:

Businesses believe that product introduction will be easier if manufacturers already involved in and familiar with a market perform this function, so licensing of trademarks and trade dress to such manufacturers is becoming more common. Franchises, the most common kind of trademark licensing, account for at least 30% of the retail trade's cash flow. Moreover, the importance of trade dress protection shows in courts' willingness to award damages for infringements of this doctrine.

Franchises

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RICO increasingly used in infringement cases; advantages include broader jurisdiction, greater ease of service

Article Abstract:

RICO provides an alternative and sometimes easier means of establishing jurisdiction in trademark infringement cases. A RICO claim can be brought for the investment of illegally obtained gains anywhere in the country, while the Lanham Act requires frequent dealings with the foreign state. The law covering jurisdiction under RICO is codified at 15 U.S.C. 1063.

Personal jurisdiction, Racketeering

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