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Extraterritoriality Rules Trademark Litigation

Seyfarth Shaw LLP

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

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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

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

Buckingham, Doolittle & Burroughs, LLC

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

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

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

McDermott Will & Emery

Supreme Court Limits the Lanham Act’s Extraterritorial Reach

McDermott Will & Emery on

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

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

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

Dinsmore & Shohl LLP

In Decision that Vacates a $96 Million Award, SCOTUS Limits United States Trademark Law’s International Reach

Dinsmore & Shohl LLP on

On June 29, 2023, the Supreme Court of the United States handed down its much-anticipated decision in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) regarding the extraterritorial...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

Womble Bond Dickinson

Supreme Court Limits Foreign Reach of Lanham Act, Focusing Damages to Essentially Domestic Use

Womble Bond Dickinson on

A June 29, 2023 Supreme Court ruling limits the reach of the Lanham Act to essentially only domestic use of a mark in commerce. The Supreme Court’s opinion in Abitron Austria GmbH v. Hetronic Int’l Inc. overturns a Tenth...more

Dorsey & Whitney LLP

Extraterritoriality of the Lanham Act: Fearsome Watchdog or Muzzled Chihuahua?

Dorsey & Whitney LLP on

How far does the Lanham Act’s reach extend? The Supreme Court gave us one answer in Abitron Austria GmbH et al. v. Hetronic International, Inc. and made it simple: not very far....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Abitron Austria GMBH v. Hetronic International, Inc.

On June 29, 2023, the U.S. Supreme Court decided Abitron Austria GMBH v. Hetronic International, Inc., No. 21-1043, holding that two provisions of the Lanham Act that prohibit trademark infringement — sections 1114(1)(a) and...more

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