Justices Ask DOJ to Weigh Lanham Act’s Reach in Hetronic Case

The U.S. Supreme Court invited the solicitor general to give her views on Hetronic International Inc.'s $90 million trademark win in a case that applied the Lanham Act to foreign sales.

The radio remote control company convinced a jury that former licensee Abitron Germany GmbH and other related entities sold infringing products, including some in the U.S.

The U.S. Court of Appeals for the Tenth Circuit upheld the jury’s $114 million award, including $90 million in trademark damages. To justify the extraterritorial reach, it cited the U.S. sales and foreign infringement that denied Hetronic revenue that “would have flowed into ...