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Supreme Court ruling in Ford personal injury case takes root in US trademark appeals

By Melissa Ritti ( June 11, 2025, 19:20 GMT | Insight) -- The US Court of Appeals for the Eleventh Circuit found yesterday that litigation over “SUMMER WAVES” was wrongly dismissed by a Georgia federal judge, in view of evidence British Virgin Islands-based defendant Polygroup Macau “purposefully availed itself of the benefits of United States law to protect its substantial portfolio of intellectual property.” In so ruling, the court joined the Ninth, Seventh and First Circuits in applying the US Supreme Court’s 2021 jurisdictional analysis in Ford Motor v. Montana — a personal injury case — in the context of an action for trademark infringement. That could prove problematic for foreign holding companies who license, but do not themselves use in commerce, disputed IP.The US-based marketing, licensing and enforcement activities of a British Virgin Islands-based multinational was a deciding factor yesterday when an appellate court reinstated trademark claims against it by a Georgia water park....

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