Two Part Test News Today

Trademark owners take note: In Abitron Austria GmbH et al. v. Hetronic International, Inc. the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act...

Applying A Two-Part Test, The Majority Held The Lanham Act Is Not Extraterritorial. Court explained that the policy reason behind this presumption is to avoid the international discord that could result if U.S. law were to apply in foreign countries

The Supreme Court concluded that a party litigating in federal court cannot later compel arbitration by arguing that the delay caused no harm or prejudice to the opposing party. When an employee files a lawsuit, weigh if you want to engage in litigation or compel arbitration