A decision of the Supreme Court of the United States has concluded that a plaintiff must show use in commerce in the United States of the impugned mark in order to establish infringement. The Facts

Hetronic International, Inc. (Hetronic) a U. S. company, manufactures remote controls for construction equipment. Its products employ a distinctive black -and- yellow colour scheme to distinguish them from the products of its competitors. Abitron Austria GmbH, once a licensed distributor for Hetronic, claimed ownership of the rights to much of Hetronic’s intellectual property and began employing Hetronic’s marks on products it sold. Abitron mostly […]

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By Donato