High Court Case on US Trademark Law’s Limits Stretches Beyond IP

The Supreme Court’s recent oral argument examining the propriety of a $90 million trademark award for almost entirely foreign sales carries implications that extend beyond both US borders and trademark law.

Hetronic International Inc. convinced the district and appeals courts that the sliver of Abitron Germany GmbH’s infringing radio remote control sales that reached US markets opened the door to liability here—and that Abitron’s foreign infringing sales injured the US company just as sales into the US did. The success of that argument before the US Court of Appeals for the Tenth Circuit raised concerns from the US Justice Department ...