High Court Considered Likely to Limit US Trademark Law’s Reach

The US Supreme Court will have an opportunity to tailor the scope of the Lanham Act’s global reach as it weighs a $90 million award almost entirely derived from foreign trademark infringement profits to Hetronic International Inc.

The justices agreed Nov. 4 to review a Tenth Circuit ruling favoring radio remote control-maker Hetronic that the US government called “symptomatic of widespread confusion in the lower courts.” The high court granted former Hetronic licensee and accused infringer Abitron Germany GmbH’s petition to hear its case for slashing the lost profits award granted under the Lanham Act, which governs trademark law.

Hetronic ...