Abstract

GARZA BARBOSA, Roberto. Steele vs. Bulova from the Extraterritorial Application of the U. S. Lanham Act to Acts occured in Mexico to the Well Known Mark. Bol. Mex. Der. Comp. [online]. 2010, vol.43, n.129, pp.1147-1197. ISSN 2448-4873.

This article includes two unrelated subjects that in one litigation merged, one of them is the extraterritorial application of a statute, and the second is the Paris Convention principle known as well known mark. In this litigation both of them joined and created an unprecedented protection in Mexico of foreign marks. This article analyzes the judgment in which the U. S. Supreme Court held that it is fine in certain cases, to apply the U. S. Lanham Act to acts occurred abroad. On the other hand, it analyzes a judgment in which the Mexican Supreme Court held protection for a foreign non registered trademark against registration obtained in bad faith by a third party that happened to be the defendant in the U. S. litigation.

Keywords : well known mark; famous mark; intellectual property; territoriality trademark law.

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