May 16, 2022

Joel Samuels Quoted in Bloomberg Law on the Extraterritorial Reach of Domestic Trademark Law

Metro St. Louis trademark attorney Joel Samuels was quoted in a Bloomberg Law article by Kyle Jahner about how the U.S. Supreme Court will likely explore the extraterritorial reach of domestic trademark law for the first time in 70 years.

A German company recently asked the court to take the appeal, arguing the U.S. Court of Appeals for the Tenth Circuit overextended the Lanham Act’s reach in affirming a $90 million award that they must pay. The Lanham Act stems from Congress’ constitutional authority to regulate interstate commerce.

Much has changed in 70 years, including businesses moving online and crossing borders. In the article, several legal experts weighed in on the recent appeal and the need for clarification from the high court.

“Whether or not U.S. trademark jurisdiction law aligns with other countries’, attorneys in the U.S. would appreciate guidance. Trademark attorney Joel Samuels of Harness Dickey & Pierce PLC said there’s “no real clarity.”

“I don’t know why this hasn’t come up sooner,” Samuels said. As for whether the Supreme Court will grant review and hear the case, he said: “Generally you don’t call for the solicitor general’s opinion unless you are going to do something.”

Read full article.