Preview of Supreme Court Argument in Extraterritorial Trademark Case
On March 21, the U.S. Supreme Court will hear oral argument in Abitron Austria GmbH v. Hetronic International, Inc. to decide when the federal trademark statute, known as the Lanham Act, applies to the use of trademarks outside the United States. The stakes are high—not just for the parties arguing over a $90 million damages…
Continue ReadingStare Decisis and Extraterritoriality
In a recent post, Curt Bradley suggested that the hardest problem the Supreme Court faces as it revisits the geographic scope of the Lanham (Trademark) Act in Abitron Austria GmbH v. Hetronic International, Inc. is what to do about existing precedent. In Steele v. Bulova Watch Co. (1952), the Court held that the Act applies to…
Continue ReadingSupreme Court to Revisit Extraterritorial Scope of Trademark Law
On March 1, the Supreme Court will hear argument in Abitron Austria GmbH v. Hetronic International, Inc., which concerns the extraterritorial scope of the Lanham (Trademark) Act. In resolving this case, the Court will need to decide what to do about an old precedent that appears to be inconsistent with the Court’s modern approach to…
Continue ReadingSupreme Court to Decide Extraterritorial Reach of Trademark Statute
Today the Supreme Court granted review in Abitron Austria GmbH v. Hetronic International, Inc. to consider when the federal trademark statute, known as the Lanham Act, applies extraterritorially. In Steele v. Bulova Watch (1952), the Court held that the act applied extraterritorially to the infringement of a U.S. trademark in Mexico. But lower courts have developed different tests for implementing Steele, creating a…
Continue ReadingSolicitor General Recommends That Supreme Court Hear Extraterritorial Trademark Case
Last Friday, the Solicitor General (SG) recommended that the Supreme Court hear Abitron Austria GmbH v. Hetronic International, Inc. to consider when the federal trademark statute, known as the Lanham Act, applies extraterritorially. A jury found that five German and Austrian companies infringed Hetronic International’s trademarks and awarded damages of more than $90 million for violations…
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