Why Territorial Scope Matters in Modern Trademark Enforcement, The Trademark Lawyer
2026年03月05日Partners Ben Anger, Mathilde Carle, Josh Dalton, Alexander Klett, Christoph Mikyska, and Ali Razai, and associates Megan C. Kilduff and Katherine Soule, co-authored an article for The Trademark Lawyer discussing why territorial scope matters in modern trademark enforcement and how strategic EU and US enforcement can secure broader injunctive relief within the limits of pan-EU and nationwide actions.
The authors examine how EU trademark courts can, in certain circumstances, grant pan-EU injunctions and the jurisdictional thresholds that determine when EU-wide relief is available. The article also assesses the scope of nationwide injunctions under the Lanham Act, including the Supreme Court’s decision in Abitron and its impact on the extraterritorial reach of US trademark enforcement.