Intellectual Property Rights News

Supreme Court Ruling Allows for Global Counterfeits: Say Hello to 'Dysney's Mickey Mouse' and 'MacDonald's Burgers'

The Supreme Court's unanimous decision in Abitron v. Hetronic ruled that the Lanham Act, which protects trademarks, does not apply if knockoff products are exclusively sold overseas. The Court's majority focused on interpreting the "American market" rather than protecting American businesses in the global marketplace. However, a concurring opinion acknowledged that a product's impact doesn't need to reach American shores to dilute a trademark's value. This decision opens the floodgates for international knockoffs, leaving American businesses without adequate domestic protection for their reputations.