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.
The U.S. Supreme Court's holding in Abitron Austria GmbH v. Hetronic International, Inc. makes clear that, for the time being, U.S. plaintiffs cannot enforce the Lanham Act against non-U.S. defendants who transact exclusively outside of U.S. borders.
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.
Supreme Court held that the Lanham Act only extends to claims where the claimed trademark infringing use is domestic, making clear that for now US plaintiffs cannot enforce Lanham Act against non US defendants who transact exclusively outside of USA borders.
I. Introduction - In Abitron Austria GmbH v. Hetronic Int’l, Inc., the Supreme Court adopted a restrictive rule governing extraterritorial applications of the federal Lanh.