Justices Weigh Trademark Law’s Reach Against Global Commerce (1)

The US Supreme Court wrestled with decades-old precedent to explore whether US trademark law applies to foreign conduct in a case involving a $90 million infringement award over radio remote controls.

Abitron Germany GmbH said during oral arguments Tuesday that the Tenth Circuit overreached by affirming an award mostly tied to purely foreign sales of products that infringed Hetronic International Inc.'s trademark.

Hetronic argued that the high court’s 1952 holding in Steele v. Bulova Watch Co. rightfully allows trademark damages under the Lanham Act based on foreign action as long as there was an effect on US commerce.

As the ...