This year the Supreme Court will weigh in on two important trademark cases. First, the Supreme Court granted certiorari in Abitron Austria GmbH v Hetronic International Inc (21-1043) to decide whether the Lanham Act applies extraterritorially to petitioners’ foreign sales, including purely foreign sales that never reached the United States or confused US consumers. The 10th Circuit had ruled that foreign sales by foreign defendants are subject to Lanham Act because sales were diverted from the United States. Thus, there was an effect on US commerce even though 97% of sales were foreign. This ruling will be important for advising clients in any case where defendants are selling goods or services internationally.
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