Trademark Extraterritoriality: Abitron v. Hetronic Doesn't Go the Distance

Document Type

Article

Publication Date

7-17-2023

Abstract

In one of the last opinions announced this term, Abitron Austria GmbH v. Hetronic International Inc., the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). Involving a dispute between two former business partners, both doing business in more than one country with the same trademarks, the Court reversed the Tenth Circuit and remanded the case for a determination of whether the accused acts satisfied the “use in commerce” requirement.

Source Publication

Technology & Marketing Law Blog

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