Bloomberg Law
May 9, 2022, 9:15 AM

Overseas Trademark Damages ‘Messiness’ Ripe for High Court Look

Kyle Jahner
Kyle Jahner
IP Reporter

The U.S. Supreme Court will likely explore the extraterritorial reach of domestic trademark law for the first time in 70 years after requesting the Justice Department to weigh in, attorneys said.

Abitron Germany GmbH and related companies asked the court to take the appeal, arguing that the U.S. Court of Appeals for the Tenth Circuit overextended the Lanham Act’s reach in affirming a $90 million award to Hetronic International Inc.—an amount derived almost entirely from purely foreign sales. The justices on April 29 asked the solicitor general to give her views on the dispute.

Trademark laws vary from country to ...

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