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 Courts 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. |