News & Analysis as of September 22, 2024

Supreme Court of the United States › Foreign Entities

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

Seyfarth Shaw LLP on 8/9/2023

The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

U.S. Businesses Need Foreign Trademark Registrations in the Wake of Abitron

Buckingham, Doolittle & Burroughs, LLC on 7/17/2023

U.S. businesses selling abroad cannot enforce domestic trademarks against foreign entities selling infringing goods into the United States through strawmen, according to a recent ruling by the U.S. Supreme Court in...more

U.S. Supreme Court’s Decision in Abitron Austria GMBH et al. v. Hetronic International, Inc. Underscores the Need for Foreign...

Clark Hill PLC on 7/17/2023

On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the...more

Extraterritorial Reach of the Lanham Act

BakerHostetler on 7/13/2023

The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United...more

SCOTUS to Rule on Abitron’s Foreign Application of the Lanham Act

Buckingham, Doolittle & Burroughs, LLC on 5/17/2023

Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? The Supreme Court will soon decide this issue in Abitron v. Hetronic, potentially...more

Supreme Court to Decide on Lanham Act’s Extraterritorial Reach

Fitch, Even, Tabin & Flannery LLP on 3/21/2023

On March 21, the U.S. Supreme Court will hear oral argument in Abitron Austria GmbH v. Hetronic International, Inc. to address an important question involving the exterritorial reach of federal trademark law under the Lanham...more

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

BakerHostetler on 9/28/2022

In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc., a case involving the international...more

Supreme Court Clarifies Extraterritorial Reach of RICO

Ballard Spahr LLP on 6/22/2016

In an unusual four-member majority opinion in RJR Nabisco, Inc. v. European Community, the U.S. Supreme Court settled a host of controversial questions about the extraterritorial scope of the Racketeer Influenced and Corrupt...more

Madoff Bankruptcy Decision Offers Protection for Foreign Investors

Latham & Watkins LLP on 7/14/2014

In re Madoff Securities Extends Morrison Framework to Prevent Avoidance of Purely Foreign Transfers under SIPA and the Bankruptcy Code - Applying the U.S. Supreme Court’s landmark decision in Morrison v. National...more

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Supreme Court of the United States › Foreign Entities

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