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In Decision that Vacates a $96 Million Award, SCOTUS Limits United States Trademark Law s International Reach | Dinsmore & Shohl LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Supreme Court handed down its decision in Abitron Austria GmbH v. Hetronic International regarding the extraterritorial reach of the Lanham Act, the comprehensive trademark statute in the United States. The Justices voted 9-0 to vacate the 10th Circuit’s decision.
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.
Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? The Supreme Court will soon decide this issue in.