Are Foreign Well Known Trademarks legally binding in United States?

Abstract

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 Act”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.