Amicus Brief

Abitron Austria GmbH v. Hetronic Int’l, Inc.

Published: December 27, 2022


U.S. Supreme Court

Our Position

The Lanham Act may stop foreign conduct that causes substantial impact in the United States, whether the Court characterizes this as a limited “extraterritorial” effect of the law, or a “permissible domestic application” under its 2016 RJR Nabisco framework. The Lanham Act covers domestic consumer confusion (whenever it occurs), harm to brand owner reputation, confusion or mistake about affiliation or sponsorship, and dilution. If a foreign actor causes substantial injury in the U.S. in any of these ways, then the Lanham Act may enjoin or provide compensation for these injuries. However, the Lanham Act cannot subject foreign brand owners and companies to suit in the U.S. for foreign conduct that has no likelihood of confusing consumers or other substantial impact in the U.S.