Eversheds Sutherland 11th Circuit Business Blog
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Foreign Companies Can Acquire U.S. Trademark Rights without Direct Sales to Consumers

Direct Niche, LLC v. Via Varejo S/A, 2018 WL 3687868 (11th Cir. Aug. 3, 2018), emphasizes that foreign companies can acquire trademark and service mark rights in the United States even without selling products directly to consumers domestically.  Instead, contracts with third parties and publication of the mark are sufficient to confer rights.  The Eleventh Circuit recently reaffirmed...