Why the Time has Arrived to Broaden Protection of Foreign Trademarks in the United States and Why It Won't Happen‪.‬

I. INTRODUCTION "[T]rademarks are unusual because the reputation of a product can reach a remote foreign market long before the owner of the mark for the product has begun or even had any opportunity to actually market there." (1) With the influx of immigrants to the United States, particularly from Latin America, many entrepreneurial early arrivals have appropriated brands of their homelands in setting up businesses in the United States. Additionally, savvy Americans are recognizing popular brands during their travels and employment abroad and using such brands upon their return to the United States without the origin-country firm's permission. "It may be unethical for a U.S. company to use a brand developed by a foreign firm outside of the U.S., but U.S. law doesn't make it illegal--unless the original brand has registered its trademark here." (2) With the increasing importance of an international economy, this situation raises the issue of whether it is time to change American trademark law to provide some increased level of protection to foreign firms whose brands are "unethically" used in the United States. "Globalization demands effective tools that extend trademark protection beyond national boundaries and the safeguard of intellectual property rights worldwide." (3) With an apparently ever increasing push towards regional "fair" trade, encapsulated by the North American Free Trade Agreement (NAFTA) (4) and the Central American Free Trade Agreement (CAFTADR), (5) this issue has special significance in regards to our Latin American neighbors, particularly Mexico. Although the United States participates in a global economy, our trade relationship with Mexico and other Latin American countries and their respective firms is increasingly important to our nation's economic health. (6) "Today, Mexico is America's second-largest trading partner, and we are Mexico's largest." (7)