Dyan Finguerra-DuCharme, left, co-chair of Pryor Cashman’s Trademark Practice, and Nicholas Saady, right, an associate with the firm. Courtesy photos
In Abitron v. Hetronic International, the U.S. Supreme Court held that Congress did not intend for the Lanham Act to apply extraterritorially and that in every case, courts must examine the “location” of the infringing use to determine if there is a Lanham Act claim. The decision leaves many issues unresolved, including the question presented regarding the recovery of damages for infringement outside the U.S. Despite the uncertainty raised by the decision, it sends a clear message to rights owners (whether they be businesses, brands or individuals): obtain and enforce your trademark rights on a global basis because the Lanham Act does not “rule the world.”
How the Court Decided the Case
