High Court Trademark Ruling Leaves Enforcement Avenues Murky

The US Supreme Court’s decision reining in the global reach of US trademark law left practitioners questioning brand owners’ ability to combat foreign parties indirectly selling knock-offs into the country.

While nixing a $90 million award based mostly on foreign infringement, the high court ruled that whether plaintiffs can obtain damages turns on whether the “use in commerce” that could confuse consumers was domestic—defined by the infringer’s conduct, not the consumer confusion itself.

Four justices concurred with Justice Samuel Alito’s majority opinion, agreeing that Hetronic International Inc.’s award was unwarranted, but disagreeing on why. They said trademark law is primarily ...