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

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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.

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Technology & Marketing Law Blog