Hastings International and Comparative Law Review


In an ever-more interconnected world, it becomes increasingly important for a business to protect its trademark on a global scale. Japanese Trademark law Article 4(1)(xix), combined with other provisions, has proven to be generally effective in defending the rights of foreign trademark owners. On the other hand, U.S. law regarding the protection of foreign trademarks has remained surprisingly and disappointingly static. The author proposes that Person's v. Christman be overruled and that a provision identical or similar to Japanese Trademark Law Article 4(1)(xix) be adopted.