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May 17, 2023

Supreme court to decide fate of extraterritorial damages in U.S. Trademark cases

See more on Supreme court to decide fate of extraterritorial damages in U.S. Trademark cases

Sarah S. Brooks

Partner
Venable LLP

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Alexandra L. Kolsky

Associate
Venable LLP

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On March 21, the Supreme Court heard oral argument in Abitron Austria GmbH v. Hetronic International, Inc., a trademark infringement case addressing the scope of extraterritorial damages under the Lanham Act. The Supreme Court considered an issue that few lower courts have taken up to date: whether the Lanham Act can extend to purely foreign sales that never reach the United States.

In the district court action, the plaintiff Hetronic Inter...

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