Supreme Court Rules U.S. Trademark Law Does Not Apply to Foreign Conduct | JDSUPRA

Case: Abitron Austria GmbH v. Hetronic International, Inc. (June 29, 2023) 

The United States Supreme Court recently ruled that the Lanham Act does not apply extraterritorially, meaning any trademark infringement suit under it must occur in domestic commerce.  The Court applied the two-step presumption against extraterritoriality analysis to the Lanham Act, finding both that Congress did not intend to have the Act apply extraterritorially and that the focus of the statute is on the defendant’s conduct, meaning the unauthorized use in commerce of a mark that is likely to cause confusion.  The ruling is likely to make it more difficult for U.S. trademark holders to protect against foreign infringement. 

As lower courts haggle over what constitutes ‘use in commerce’ and when that use is domestic or foreign, U.S. trademark owners should be vigilant to protect their brands wherever they do business.

Source: Supreme Court Rules U.S. Trademark Law Does Not Apply to Foreign Conduct