Abitron Austria GmbH v. Hetronic International, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1043 | 10th Cir. | Mar 21, 2023 | Jun 29, 2023 | 9-0 | Alito | OT 2022 |
Holding: Applying the presumption against extraterritoriality, two provisions of the Lanham Act that prohibit trademark infringement, 15 U.S.C. §§ 1114(1)(a) and 1125(a)(1), are not extraterritorial and extend only to claims where the infringing "use in commerce" is domestic.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on June 29, 2023. Justice Jackson filed a concurring opinion. Justice Sotomayor filed an opinion concurring in the judgment, in which Chief Justice Roberts and Justices Kagan and Barrett joined.
SCOTUSblog Coverage
- Supreme Court's narrow read of the Lanham Act: More questions than answers (Minyao Wang, July 5, 2023)
- Justices mull the "focus" of federal trademark statute in extraterritorial case (Minyao Wang, March 28, 2023)
- Justices to consider international reach of U.S. trademark law (Minyao Wang, March 20, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Court schedules February arguments on student-loan relief, tech companies' liability (Amy Howe, December 19, 2022)
- Justices grant review in cases on patents, trademarks, and water rights for Native Americans (Amy Howe, November 4, 2022)
- Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
- Trademark infringement and procedural rules (Andrew Hamm, February 5, 2022)
| Date | Proceedings and Orders |
|---|---|
| 11/11/2021 | Application (21A153) to extend the time to file a petition for a writ of certiorari from November 22, 2021 to January 21, 2022, submitted to Justice Gorsuch. |
| 11/15/2021 | Application (21A153) granted by Justice Gorsuch extending the time to file until December 22, 2021. |
| 12/09/2021 | Application (21A153) to extend further the time from December 22, 2021 to January 21, 2022, submitted to Justice Gorsuch. |
| 12/15/2021 | Application (21A153) granted by Justice Gorsuch extending the time to file until January 21, 2022. |
| 01/21/2022 | Petition for a writ of certiorari filed. (Response due February 25, 2022) |
| 02/17/2022 | Motion to extend the time to file a response from February 25, 2022 to March 28, 2022, submitted to The Clerk. |
| 02/18/2022 | Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022. |
| 03/28/2022 | Brief of respondent Hetronic International, Inc. in opposition filed. |
| 04/01/2022 | Rule 29.6 Corporate Disclosure Statement filed with respect to Brief in Opposition of Respondent Hetronic International. |
| 04/12/2022 | Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed) |
| 04/13/2022 | DISTRIBUTED for Conference of 4/29/2022. |
| 05/02/2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 09/23/2022 | Brief amicus curiae of United States filed. |
| 10/12/2022 | DISTRIBUTED for Conference of 10/28/2022. |
| 10/12/2022 | Supplemental brief of respondent Hetronic International, Inc. filed. (Distributed) |
| 10/13/2022 | Supplemental brief of petitioners Abitron Austria GmbH, et al. filed. (Distributed) |
| 10/31/2022 | DISTRIBUTED for Conference of 11/4/2022. |
| 11/04/2022 | Petition GRANTED. |
| 12/02/2022 | Blanket Consent filed by Petitioner, Abitron Austria GmbH, et al. |
| 12/09/2022 | Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. |
| 12/13/2022 | The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4. |
| 12/19/2022 | SET FOR ARGUMENT on Wednesday, March 1, 2023. |
| 12/19/2022 | Brief of petitioners Abitron Austria GmbH, et al. filed. |
| 12/20/2022 | Record requested from the U.S.C.A. for the Tenth Circuit. |
| 12/21/2022 | Record received from the U.S.C.A. Tenth Circuit. Sealed portions of Appendix transmitted electronically. The remaining record is available on PACER. |
| 12/21/2022 | Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed. |
| 12/27/2022 | Brief amici curiae of German Law Professors, et al. filed. |
| 12/27/2022 | Brief amicus curiae of Professor Guido Westkamp filed. |
| 12/27/2022 | Brief amicus curiae of Professor Dr. Louis Pahlow filed. |
| 12/27/2022 | Brief amicus curiae of Professor William S. Dodge in support of neither party filed. |
| 12/27/2022 | Brief amicus curiae of United States supporting neither party filed. |
| 12/27/2022 | Brief amicus curiae of International Trademark Association in support of neither party filed. |
| 12/27/2022 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
| 12/27/2022 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 12/27/2022 | Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed. |
| 12/27/2022 | Brief amici curiae of Three Intellectual Property Law Professors in support of neither party filed. |
| 12/28/2022 | Record received from the U.S.D.C. Western District of Oklahoma. Sealed records transmitted electronically. The remaining record is available on PACER. |
| 01/06/2023 | REMOVED from the argument calendar for Wednesday, March 1, 2023. |
| 01/11/2023 | Motion of respondent for an extension of time filed. |
| 01/12/2023 | Motion of respondent for an extension of time to file respondent's brief on the merits granted and the time is extended to and including January 27, 2023. |
| 01/17/2023 | CIRCULATED |
| 01/18/2023 | The deferred joint appendix is to be filed on or before February 3, 2023. |
| 01/27/2023 | Brief of respondent Hetronic International, Inc. filed. (Distributed) |
| 01/31/2023 | SET FOR ARGUMENT on Tuesday, March 21, 2023. |
| 01/31/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| 02/01/2023 | Brief amicus curiae of Stussy, Inc. filed. (Distributed) |
| 02/03/2023 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 02/03/2023 | Joint appendix filed. (Statement of costs filed). (Distributed) |
| 02/27/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| 02/27/2023 | Reply of petitioners Abitron Austria GmbH, et al. filed. (Distributed) |
| 03/21/2023 | Argued. For petitioners: Lucas M. Walker, Washington, D. C. For United States, as amicus curiae: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Matthew S. Hellman, Washington, D. C. |
| 06/29/2023 | Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Thomas, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Sotomayor, J., filed an opinion concurring in the judgment, in which Roberts, C. J., and Kagan and Barrett, JJ., joined. |
| 07/31/2023 | Judgment issued. |