You Don’t Always have TM Coverage Internationally: Austria Case

In the case of Abitron Austria GmbH v. Hetronic International, Inc., Hetronic, a U.S. company producing radio remote controls for heavy-duty construction equipment, faced disputes with Abitron, a foreign distributor, over trademark ownership. Despite termination of their agreement, Abitron continued to sell products under Hetronic’s brand in Europe, resulting in substantial damages awarded to Hetronic by a jury.

The Supreme Court's unanimous decision clarifies that the Lanham Act extends TM protection only to instances in the USA.

Final Supreme Court Ruling

The Supreme Court’s unanimous decision clarified that the Lanham Act extends trademark protection only to instances where infringement occurs within the United States. This ruling underscores the importance for businesses to consider foreign trademark registration and enforcement to safeguard their rights globally.

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At Strong-IP, we remain dedicated to assisting businesses in navigating trademark law complexities and protecting their intellectual property assets effectively. If you have any questions or require assistance with trademark-related matters, please contact us.

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