“The year 2022 paved the way for courts to resolve what arguably is the most important unresolved issue in trademark law: the appropriate test for balancing trademark rights with First Amendment rights.”
This year saw an increased focus on the extraterritorial application of the Lanham Act, setting up a showdown at the Supreme Court in 2023. The last year also saw cases pressing the intersection of the Lanham Act with the First Amendment and artistic expression—both in the physical world and in the metaverse—and some rulings that will help clarify the likelihood of confusion analysis in various circuits.
As 2022 comes to an end, we look forward to what 2023 has in store.
Extraterritoriality Issues are Coming to a Head
The extent to which the Lanham Act reaches beyond U.S. borders was a hot topic in 2022 and will carry into 2023. Read more