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Trademark bar, courts grapple with ‘groundbreaking’ Abitron decision, impact on global enforcement

By Melissa Ritti ( October 25, 2024, 15:20 GMT | Insight) -- The 2023 holding by the US Supreme Court in Abitron v. Hetronic that the Lanham Act applies only to domestic uses in commerce was "groundbreaking" in its own right, Merchant & Gould partner Heather Kliebenstein said Wednesday. But that the decision doesn't explicitly define what is, and is not, a domestic use, has led to confusion in the lower courts, her fellow panelists at the American Intellectual Property Law Association agreed.When the US Supreme Court in June 2023 issued a unanimous decision in a trademark and trade dress fight between two former partners in the production and distribution of radio remote controls, it garnered few headlines....

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