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SCOTUS to Weigh In on Extraterritorial Reach of the Lanham Act

MSK Client Alert 
November 14, 2022

The U.S. Supreme Court is poised to review the extraterritorial reach of the Lanham Act in a case that may significantly impact the manner in which trademark owners police and protect their marks abroad.  In Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, 2022 WL 16703748 (U.S. Nov. 4, 2022), the Court will consider whether the Tenth Circuit Court of Appeals properly limited the extraterritorial scope of sections 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114(1), 1125(a)(1), to purely foreign infringement.

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