The U.S. Supreme Court today heard oral arguments in Abitron Austria GmbH v. Hetronic International, Inc., which asks the Court to consider whether the U.S. Court of Appeals for the Tenth Circuit erred in applying the Lanham Act extraterritorially to Abitron’s foreign sales, “including purely foreign sales that never reached the United States or confused U.S. consumers.” The Justices struggled with the appropriate reach of the Lanham Act and whether reversing the Tenth Circuit would require overruling Steele v. Bulova Watch Co., 344 U.S. 280, 282-285 (1952), but overall seemed to be considering the need for a new or narrowed test to account for the realities of modern commerce.
Recent Posts
- CAFC Finds IPR Petitioner Did Not Rely on AAPA as Basis for Obviousness Grounds in Affirming PTAB Invalidation
- Foreign Price Controls: A Risk to U.S. Medical Innovation and Patient Access
- Other Barks & Bites for Friday, July 11: EGC Affirms Annulment of Rubik’s Cube Marks; Sysco Trade Secret Case Dismissal Affirmed by Fourth Circuit; and EU Advocate General Finds Member States Can Impose Measures to Protect News Content on Meta Platforms
- EU Publishes Code of Practice as Deadline for AI Act’s Provisions on General-Purpose AI Models Nears
- Will the Federal Circuit Finally Follow Supreme Court Holdings on the Unavailability of the Laches Defense?