Page 39 - Lanham Act News Today

In a recent unanimous decision, the United States Supreme Court held that the test set forth in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) (the "Rogers test") does not apply in two situations.

On June 29, the U.S. Supreme Court issued its decision in Abitron Austria GmbH v. Hetronic International, Inc. concerning whether trademark plaintiffs can recover damages for sales made outside of the United States.

On June 29, 2023, the US Supreme Court issued a unanimous decision in Abitron Austria GmbH v. Hetronic International, Inc., limiting the extraterritorial reach of provisions of the...

On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages...

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.

The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US...

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...

In a 5 to 4 ruling Abitron Austria GmbH v Hetronic Int’l Inc the Supreme Court ruled that the Lanham act protecting businesses from confusion in commerce only applies if the confusion could occur inside the US overturning a tenth circuit ruling.

A June 29, 2023 Supreme Court ruling limits the reach of the Lanham Act to essentially only domestic use of a mark in commerce. The Supreme Court’s opinion in Abitron...

The Supreme Court ruled yesterday that the Lanham Act infringement and unfair competition provisions "are not extraterritorial and that they extend only to claims where the claimed...