What is a “Domestic Application” of the Lanham Act? The Supreme Court Creates More Questions than It Answers
In Abitron Austria Gmbh v. Hetronic International, Inc., the Supreme Court appears to have returned to its recent preference for bright-line rules in cases assessing the extraterritoriality of federal statutes, but the brightness of this rule will dim as other fact patterns are considered.
Continue ReadingSummer Schedule
TLB is shifting over to its summer publishing schedule. Posts will appear three days a week (as opposed to the usual four) for the remainder of the summer. Happy Fourth of July!
Continue ReadingMallory, Consent, and Political Economy
The Mallory decision has been ably summarized here and elsewhere, so this post assumes familiarity and offers a few reflections. To begin with, while it might not be a popular opinion, I don’t find the decision to be that interesting. The result roughly lined up with how I thought the case would turn out. Mallory…
Continue ReadingSupreme Court Holds that Trademark Statute Applies Only to Domestic Conduct
Last week, in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court held that the federal trademark statute—known as the Lanham Act—applies only to domestic conduct infringing U.S. trademarks. The case involved foreign companies that put U.S.-protected trademarks on products that they made in Europe, most of which were sold to customers abroad, but…
Continue ReadingSupreme Court Holds Lanham Act Does Not Apply Extraterritorially
In Abitron Austria v. Hectronic International, the Supreme Court held that the federal trademark statute does not apply extraterritoriality, with the majority emphasizing that conduct relevant to the statute’s focus must occur within the United States.
Continue ReadingSome Thoughts on Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC
The U.S. Supreme Court will hear oral arguments in Great Lakes Insurance SE, Petitioner v. Raiders Retreat Realty Co., LLC during the 2023 Term. This case has the potential to change the way that federal courts evaluate the enforceability of choice-of-law clauses. Over the past few decades, these provisions have become ubiquitous. One study found…
Continue ReadingMallory Decision Opens New Path for Personal Jurisdiction
The Supreme Court’s decision in Mallory re-opens the door to suing foreign companies in U.S. courts over disputes that arise in other countries. It may also have significant repercussions for personal jurisdiction doctrine more broadly.
Continue ReadingSupreme Court Decides Mallory v. Norfolk Southern
For prior TLB coverage of this case, see here. The Supreme Court (finally) issued a decision today in Mallory v. Norfolk Southern, holding that Pennsylvania’s corporate registration statute, which requires out-of-state businesses to consent to all-purpose jurisdiction in Pennsylvania courts, does not violate the Due Process Clause of the Fourteenth Amendment. Justice Alito joined Justice Gorsuch’s…
Continue ReadingSmagin‘s Surprises
Last week’s decision in Yegiazaryan v. Smagin was surprising in a number of respects, from the line-up of the Justices to the possible shift it signals in the presumption against extraterritoriality.
Continue ReadingSupreme Court Approves Using Civil RICO to Help Enforce Arbitral Awards
Last week, the Supreme Court held in Yegiazaryan v. Smagin that civil RICO can be used to help enforce foreign arbitral awards. Specifically, the Court held that concealing assets to avoid paying a U.S. judgment that confirmed a foreign arbitral award could satisfy civil RICO’s “domestic injury” requirement, allowing the award-creditor to pursue a claim…
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