Foley Partner Jonathan Moskin authored an article in the July 2010 issue of The Intellectual Property Strategist titled “A Roll of the Dice for International Trademark Owners.” Moskin discusses the lessons learned from In re Casino de Monaco Trademark Litigation, stating that even well-known foreign companies can encounter difficulties enforcing rights not grounded in traditional U.S. trademark law principles. He notes that mere registration of a name without use or intent to use confers no trademark rights, adding that the trial is a clear warning to long-established enterprises that certain verities of U.S. trademark law and its basis in use in commerce continue to apply.
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