News & Analysis as of

Likelihood of Confusion Extraterritoriality Rules

Womble Bond Dickinson

What in the [Meta]World?: Abitron Creates More Questions than Answers

Womble Bond Dickinson on

At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in...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

Fox Rothschild LLP

U.S. Supreme Court Concludes Federal Trademark Law Cannot Be Applied to Foreign Conduct

Fox Rothschild LLP on

There have been many newsworthy rulings coming out of the Supreme Court in the last two weeks, so it is understandable if you missed this one. On Thursday, June 29, 2023, the U.S. Supreme Court ruled the Tenth Circuit wrongly...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

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

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide