[U.S./Trademark] U.S. Supreme Court, June 2023, Abitron v. Hetronic

日本語原文 / Japanese original

Article information

Article type: Case note

Category: United States, Trademarks

Topics: Extraterritorial application

First published on this website: 2026-11-01

Display and classification checked: November 2, 2026

Originally published on Ameblo: 2024-09-24 (Japan time). Full English translation.

https://ameblo.jp/hideki-takaishi/entry-12868714556.html

[U.S./Trademark] U.S. Supreme Court, June 2023, Abitron v. Hetronic

97% of the defendant products' sales were outside the United States.

⇒ Extraterritorial application involves a two-step test.

(1) Does the statutory provision apply extraterritorially?

if no

(2) Did conduct relevant to the focus of congressional concern occur within U.S. territory?

⇒ Extraterritorial application of U.S. trademark law, §§ 1114(1)(a) and 1125(a)(1), denied

https://www.jetro.go.jp/ext_images/_Ipnews/us/2023/20230706.pdf

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November 1, 2026: First published on this website.

November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.