Section 44 and the Paris Convention therefore interact as follows: A foreign national is entitled to the same “effective protection against unfair competition” to which an American is entitled, Paris Convention, art. 10bis, and in turn, the American gets the same right that the foreign national gets. We treat Mattel like a foreign national, who is treated like an American under the Paris Convention. Accordingly, Mattel is entitled to assert a cause of action under the Lanham Act for trademark infringement,
15 U.S.C. § 1114, or for false designation of origin,
15 U.S.C. § 1125, or it may assert state law claims for unfair competition, as it did.
See n. 2
supra. But Mattel has no claim to a nonexistent federal cause of action for unfair competition. As said, the Paris Convention provides for national treatment, and does not define the substantive law of unfair competition. We therefore reject Mattel's argument that a treaty provision providing for “national treatment” gives it more protections against foreign nationals than it has against U.S. nationals.