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High Court Should Nix Trademark Award for Foreign Sales, US Says

Sept. 26, 2022, 8:04 PM

The US Supreme Court should take up an appeal of a $90 million trademark award centered on foreign sales and nix damages not tied to US consumer confusion, the US Solicitor General said in a brief.

A ruling for Hetronic International Inc. at the US Court of Appeals for the Tenth Circuit “is symptomatic of widespread confusion in the lower courts,” the US government said in its brief Friday urging the high court to grant Abitron Germany’s petition.

US laws are presumed to govern domestic conduct, and the Lanham Act governing trademark law is directed at preventing confusion among US ...