THE FAMOUS MARKS DOCTRINE: A CALL FOR AMERICAN COURTS TO GRANT TRADEMARKS RIGHTS TO FAMOUS FOREIGN MARKS

9 Wake Forest Intell. Prop. L.J. 85

This article contends that the federal circuits should affirmatively adopt the famous marks exception to the territoriality principle of trademarks. The article considers the history and relevant principles associated with both the famous marks doctrine and the territoriality principle. Further, the article compares the Ninth Circuit’s adoption of the famous marks doctrine with the Second Circuit’s rejection of the doctrine. In addition, the article explains how the Lanham Act, precedent and policy considerations urge the adoption of the famous marks doctrine by American courts.