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Kilpatrick

5 Key Takeaways | Recent Developments in United States Trademark and Unfair Competition Law

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Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s Spring Meeting and at the International Trademark Association’s annual meeting on recent developments in United States...more

Katten Muchin Rosenman LLP

Inside, Outside, USA: Key Developments on the Boundaries of Injunctive Relief in Trademark Disputes - Katten Kattwalk | Issue 26

Does federal trademark law reach conduct outside of the United States? The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., which prompted us to revisit a related issue we...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023: Happy to Wait! New Rules Allow for Suspension of Trademark Review Cases in China

As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law. See here. One of the proposed amendments no...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more

McAfee & Taft

SCOTUS rules Lanham Act does not have extraterritorial reach

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In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. § 1051 et seq. The Lanham Act...more

Fenwick & West LLP

A Domesticated Lanham Act: Supreme Court’s Abitron Ruling Opens New Debate on Foreign Reach of U.S. Trademark Law

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The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our...more

Sullivan & Worcester

Supreme Court Rules U.S. Trademark Law Does Not Apply to Foreign Conduct

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On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., the U.S. Supreme Court ruled that the Lanham Act does not have an extraterritorial scope and applies only in cases where the alleged infringing “use...more

McDermott Will & Emery

Supreme Court Limits the Lanham Act’s Extraterritorial Reach

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In a decision that may make it more difficult for brand owners to enforce their marks against infringers located outside of the United States, the Supreme Court of the United States vacated the judgment of the US Court of...more

Holland & Knight LLP

U.S. Supreme Court: U.S. Trademark Statute Bars Domestic Infringement Only

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The U.S. Supreme Court issued a decision on June 29, 2023, addressing the scope of federal trademark law on conduct occurring outside of the United States. The case, Abitron Austria GmbH v. Hetronic International, Inc.,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds Lanham Act Attaches Only to Liability for Domestic Uses in Commerce

On June 29, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Abitron Austria GmbH v. Hetronic International Inc. However, the justices were divided 5-4 as to the precise reasoning and what facts...more

White & Case LLP

Supreme Court Reins in Extraterritorial Application of the Lanham Act

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The Supreme Court ruled yesterday that the Lanham Act infringement and unfair competition provisions "are not extraterritorial and that they extend only to claims where the claimed infringing use in commerce is domestic." In...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Vacates and Remands 10th Circuit's Decision in "Abitron"

The US Supreme Court ruled today in the closely watched Abitron Austria GmbH v. Hetronic International, Inc. case, which considered whether a party could recover in US courts for trademark infringement that occurred outside...more

White & Case LLP

Oral Argument Over Dog Toy Gives the Supreme Court a Lot to Chew On—Distiller Has a [Dog] Bone to Pick with Rogers v. Grimaldi

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The Supreme Court heard oral arguments on Wednesday in Jack Daniel's Properties v. VIP Products LLC, __ U.S. __ (2023) a case that could transform the way courts evaluate the balance of trademark rights with constitutional...more

Miller Nash LLP

Supreme Court May Review Trademark Territoriality

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The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more

Akerman LLP - Marks, Works & Secrets

Cert. Roundup

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Hogan Lovells

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

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The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3...more

Dorsey & Whitney LLP

INTA Boston: Highlights from Bean Town

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If you missed the 2019 Annual Meeting of the International Trademark Association in Boston, or if you were there but were spending time with colleagues and friends, the Dorsey trademark team is here to provide a brief...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

An Expensive Reminder to Secure Trademark Rights Prior to Foreign Expansion

Electric car manufacturer Tesla Motors was recently sued in China by businessman Zhan Baosheng. Baosheng registered the TESLA trademark in China in 2006, prior to Tesla's entry into the Chinese market....more

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