Abitron Austria GmbH v. Hetronic International, Inc.
Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. 412 (2023), was a United States Supreme Court case regarding provisions of the Lanham Act. The Court will decide whether or not the Act applies to foreign sales.
| Abitron Austria GmbH v. Hetronic International, Inc. | |
|---|---|
Supreme Court of the United States | |
| Argued March 21, 2023 Decided June 29, 2023 | |
| Full case name | Abitron Austria GmbH, et al. v. Hetronic International, Inc. |
| Docket no. | 21-1043 |
| Citations | 600 U.S. 412 (more) |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Case history | |
| Prior | Hetronic International, Inc. v. Hetronic Germany GmbH, et al., No. CIV-14-650-F (W.D. Okla. 2020), Hetronic International, Inc. v. Hetronic Germany GmbH, et al., 10 F.4th 1016 (10th Cir. 2021) |
| Questions presented | |
| Whether the court of appeals erred in applying the Lanham Act extraterritorially to petitioners' foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers. | |
| Holding | |
| Applying the presumption against extraterritoriality, §1114(1)(a) and §1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Alito, joined by Thomas, Gorsuch, Kavanaugh, Jackson |
| Concurrence | Jackson |
| Concurrence | Sotomayor (in judgment), joined by Roberts, Kagan, Barrett |
| Laws applied | |
| Lanham Act | |
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