The Briefing: The Supreme Court Limits the Reach of The Lanham Act
The U.S. Trademark Use Requirement and Associated Risks and Strategies for Chinese Applicants
This publication summarizes noteworthy 2024 legal developments in trade secret law in key centers of commerce throughout the world. Understanding these legislative and judicial developments can help trade secret owners...more
Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors. Although you are not required to register a...more
Noting how rare it is for trademark infringement cases to be decided on summary judgment, the US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment finding that the plaintiff law firm...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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