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Intellectual Property Litigation: Supreme Court To Address Extraterritorial Scope of the Lanham Act

January 13, 2023

Litigation partners Catherine Nyarady and Crystal Parker’s latest intellectual property litigation column, “Supreme Court To Address Extraterritorial Scope of the Lanham Act,” appeared in the January 11 issue of the New York Law Journal. The authors discuss an upcoming Supreme Court case, Abitron Austria GmbH et al. v. Hetronic International, in which the justices will consider whether and to what extent the Lanham Act’s trademark protections may be applied to a foreign entity’s foreign sales that neither reached the United States nor were likely to cause consumer confusion in the U.S. Given the historically limited application of the Lanham Act to hold entities liable for infringement of U.S. trademarks due to the sale of infringing products outside of the United States, the Court’s decision may profoundly impact the scope of future Lanham Act litigation.

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