High Court Must Limit Foreign Reach of Trademark Law, DOJ Says

The Biden administration told the US Supreme Court that the country’s federal trademark law can reach into foreign territory, but only when overseas trademark infringement is likely to cause consumer confusion in the US.

The high court is considering a $90 million trademark case that tests whether infringement that occurs in foreign countries can be the basis for damages awards in US courts under the Lanham Act.

Radio remote control company Hetronic International Inc., based in Oklahoma, won $90 million in damages from a former licensee, Abitron Germany GmbH, that sold infringing products. The US Court of Appeals for the ...