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Trademarks Use in Commerce

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Dunlap Bennett & Ludwig PLLC

A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed...more

Pillsbury - Propel

Trademark Fundamentals: Use in Commerce

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Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down...more

McDermott Will & Emery

Foreign Sales to Foreign Customers Are Not Actionable Under the Lanham Act

Issuing a revised opinion following the Supreme Court’s 2023 decision in Abitron Austria GmbH v. Hetronic Int’l, Inc., the US Court of Appeals for the Tenth Circuit determined that none of the defendant’s purely foreign sales...more

Tarter Krinsky & Drogin LLP

Search and File, Here and There!

There once was a company named Zotz, Which created toys for tots, It set up abroad, of course! But filing first is KnockOffSource, Can Zotz manufacture? Methink “notz!” First published in Inside magazine, NYSBA, Fall...more

Tarter Krinsky & Drogin LLP

Search first!

There once was a company named Zotz, Which created toys for tots, The newest toy, named Ketter™, Recalled after a cease and desist letter, Oh my, no trademark search, CEO Zotz? First published in Inside magazine,...more

Miller Canfield

This is How We Use It: The Importance of Use in Canadian Trademark Law and Keeping Records of Use

Miller Canfield on

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the...more

Pillsbury - Internet & Social Media Law Blog

Out of Bounds: Supreme Court Sets the Limits of U.S. Trademark Law

On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. ___ (2023), the U.S. Supreme Court held that the Lanham Act could not extend to trademark infringement that occurred almost entirely outside...more

Sunstein LLP

U.S. Brand Owners Have More Limited Options to Curb Foreign Infringement following Supreme Court’s Abitron Ruling

Sunstein LLP on

On June 29, 2023, the Supreme Court issued a much-anticipated trademark decision in Abitron Austria v. Hetronic International concerning the global reach of the Lanham Act. The Court determined that U.S. law does not extend...more

McAfee & Taft

SCOTUS rules Lanham Act does not have extraterritorial reach

McAfee & Taft on

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

Clark Hill PLC

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

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

Fenwick & West LLP

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

Fenwick & West LLP on

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

Sullivan & Worcester on

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

BakerHostetler

Extraterritorial Reach of the Lanham Act

BakerHostetler on

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

Foster Garvey PC

Supreme Court Limits International Application of the Lanham Act in Abitron Decision

Foster Garvey PC on

In its recent decision in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court instructed that certain trademark infringement claims can only be pursued where the infringing conduct occurs domestically. The...more

Akerman LLP - Marks, Works & Secrets

The Supreme Court Limits the Extraterritorial Application of the Lanham Act

On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act. The majority opinion was written by Justice Alito and joined by Justices...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Baker Donelson

The Supreme Court Draws the Line on the Foreign Reach of the Lanham Act

Baker Donelson on

On June 29, 2023, the U.S. Supreme Court clarified the geographic limits for U.S. trademark enforcement. Just as with enforcement of registered copyrights and issued patents, the Supreme Court ruled that a trademark owner may...more

WilmerHale

Supreme Court Decides Extraterritorial Reach of the Lanham Act

WilmerHale on

On June 29, 2023, the Supreme Court decided Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, addressing the extraterritoriality of the Lanham Act. The Court held that §1114(1)(a) and §1125(a)(1) of the Lanham Act do...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

Morrison & Foerster LLP

U.S. Supreme Court Eliminates Extraterritorial Applications of the Lanham Act

Can a party be held liable in the United States for trademark infringement based on use of a mark in other countries? In Abitron Austria GmbH et al. v. Hetronic Int’l, Inc., 600 U.S. __ (2023), the Supreme Court recently...more

Vinson & Elkins LLP

The Battle of the ‘Trons’: SCOTUS Nixes Extraterritorial Application of the Lanham Act

Vinson & Elkins LLP on

The Supreme Court of the United States recently considered whether portions of the Lanham Act that relate to trademark infringement can be applied to conduct that takes place outside the United States. Abitron Austria GmbH et...more

Irwin IP LLP

The Not So Long Arm of the Law: Limits on the Lanham Act

Irwin IP LLP on

The Supreme Court decided the extraterritorial reach of two provisions of the Lanham Act prohibiting trademark infringement. Abitron appealed the Tenth Circuit’s decision that the Lanham Act extended to Abitron’s foreign...more

Cooley LLP

US Supreme Court Ruling Limits Extraterritorial Reach of Lanham Act

Cooley LLP on

On June 29, 2023, the US Supreme Court issued a unanimous decision in Abitron Austria GmbH v. Hetronic International, Inc., limiting the extraterritorial reach of provisions of the Lanham Act prohibiting trademark...more

Morgan Lewis

Lanham Act Only Extends to Claims Stemming from US Conduct that Causes a Likelihood of Confusion

Morgan Lewis on

The US Supreme Court unanimously overturned a $90 million verdict for trademark infringement under the Lanham Act, 97% of which was attributed to purely extraterritorial conduct. While the holding attempts to draw a...more

White & Case LLP

Supreme Court Reins in Extraterritorial Application of the Lanham Act

White & Case LLP on

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

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