Posts Tagged: "use in commerce"

On August 24, the U.S. Court of Appeals for the Tenth Circuit affirmed in part, reversed in part and remanded a decision of the district court for the Western District of Oklahoma, holding that the Lanham Act applied to the defendants’ extraterritorial conduct…. The Tenth Circuit rejected Defendants’ first argument that the Lanham act cannot be applied extraterritorially. Citing Steele, the Tenth Circuit acknowledged that there is a general presumption against extraterritoriality, but that it may be applied abroad at least in some circumstances. Steele v. Bulova Watch Co., 344 U.S. 280, 282-285 (1952). In Steele, the Court reasoned that “the United States is not debarred . . . from governing the conduct of i[t]s own citizens upon the high seas or even in foreign countries when the rights of other nations or nationals are not infringed.” Id. at 285-86. Key to the Court’s decision was that the defendant’s “operations and effects were not confined within the territorial limits of a foreign nation,” but rather filtered through to the United States.

Beyoncé is more than just one of the music industry’s most recognizable stars. She has built a business empire that extends into entertainment production, fashion, major product endorsements and even streaming music distribution through the Tidal platform with her husband, Jay-Z. Forbes named Beyoncé its Most Powerful Woman in Entertainment on two occasions, having sold more than 100 million records worldwide. With such a track record of success, it should come as no surprise that Beyoncé is extremely savvy about the importance and value of personal branding and intellectual property. Through her BGK Trademark Holdings, LLC, the singer owns a number of trademarks related to various products and services, ranging from clothing and accessories to cosmetics and charitable services. Case in point: Beyoncé is engaged in a fierce trademark battle with the owner of a Massachusetts wedding planning business over “Blue Ivy”—the name shared by the wedding event business and the singer’s young daughter.