In a long-running lawsuit, the Supreme Court's decision limiting the applicability of U.S. trademark law is being tested. The judge in the case tentatively concluded that the claims against Agros Trading Confectionery do not arise under federal law and may lack subject matter jurisdiction. Vans also cited the Supreme Court decision in a separate trademark dispute with Walmart. The decision underscores the need for companies to have a brand protection strategy both domestically and abroad. The definition of "use in commerce" remains unclear and will likely be defined by future court cases.
