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The Biggest Trademark Decisions of 2023: A Midyear Report


The U.S. Supreme Court weighed in twice on federal trademark law in the first half of 2023, ruling that Lanham Act provisions barring trademark infringement don't apply to foreign conduct and rejecting a circuit court's finding that a poop-themed dog toy version of Jack Daniel's whiskey bottle was protected by the First Amendment. Here's a look at the most notable trademark decisions so far this year.


The justices in late June ruled that the Tenth Circuit wrongly upheld a $96 million award to Oklahoma-based radio control maker Hetronic International against its former partners in Europe, Hetronic Germany and its affiliates.


The justices' decision signals that it's important for trademark practitioners and potential trademark litigants to understand "the limited scope of extraterritorial reach in U.S. trademark law," said Matthew Homyk, an intellectual property partner at Blank Rome LLP.

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"The Biggest Trademark Decisions of 2023: A Midyear Report," by Adam Lidgett was published in Law360 on July 26, 2023.