Abstract

DELVASTO, Carlos. Are Foreign Well Known Trademarks legally binding in United States?. Rev. Derecho [online]. 2015, n.43, pp.36-70. ISSN 0121-8697.  https://doi.org/l0.l4482/dere.43.6228.

Well-known trademarks are protected in almost all countries in the world, probably due to the existence of international treaties that have promoted their protection since the XIX Century. Actually article 6 bis of the Paris Convention requires members to offer certain protection to well-known marks. However, in the United States there seems to be divergence in the decisions of Circuits Courts that have answer this question, particularly, because is not clear whether Well-Known foreign trademarks is incorporated in the "Lanham Acf'or not. This paper addresses the following question and in the process acknowledges the main legal doctrines of trademark law in the United States, concluding, that there is a conflict between international treaties, particularly with the enforcement of the article 6bis of the Paris Convention and the Lanham Act.

Keywords : unregistered well-known; marks famous marks doctrine; article 6 bis Paris Convention; , United States trademark; Lanham Act; Éxito trademark.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )