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On Demand

Abitron Austria GmbH v. Hetronic International, Inc.

2023 Supreme Court IP Review
Intellectual Property
Margaret Chon |  Ed Lee |  Richard Stockton |  Lucas M. Walker
55 Minutes
Audio and Video
Original Program Date:
Sep 29, 2023
Product Type:
On Demand - Also available: On Demand  5
Access for 365 day(s) after purchase.


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. (Alito, 9-0; 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.)


Margaret Chon's Profile

Margaret Chon Related Seminars and Products


Seattle University School of Law

Margaret Chon is faculty co-director of the Technology, Innovation Law, and Ethics (TILE) Program and Donald & Lynda Horowitz Endowed Chair for the Pursuit of Justice at Seattle University School of Law. Author of numerous articles, book chapters and review essays on knowledge governance through intellectual property, she focuses mainly on the role of global intellectual property in human and sustainable development. Her co-edited books include Improving Intellectual Property: A Global Project (with Susy Frankel, Graeme Dinwoodie, Barbara Lauriat, and Jens Schovsbo 2023) and the Cambridge Handbook of Public-Private Partnerships, Intellectual Property, and Sustainable Development (with Pedro Roffe and Ahmed Abdel-Latif, 2018). She is an alumna of the University of Michigan (M.H.S.A. and J.D.) and Cornell University (A.B.), and an elected member of the American Law Institute and the American Bar Foundation.

Ed Lee's Profile

Ed Lee Related Seminars and Products


Chicago-Kent College of Law

Professor Lee teaches international intellectual property law, copyright law, and trademark law. He joined IIT Chicago-Kent's faculty in 2010 as a professor of law and director of the Program in Intellectual Property Law. He was a visiting faculty member at Chicago-Kent during the fall 2009 term from The Ohio State University Moritz College of Law, where he was a professor of law.

Professor Lee is a 1995 cum laude graduate of Harvard Law School, where he was an editor and co-chair of the books and commentaries office of the Harvard Law Review. In 1992, he graduated Phi Beta Kappa and summa cum laude from Williams College with a bachelor's degree in philosophy (highest honors) and classics.

Professor Lee's research focuses on the ways in which the Internet, technological development, and globalization challenge existing legal paradigms. He also writes extensively about the Framers' understanding of the Free Press Clause as a limit on using the Copyright Clause to restrict technologies. In addition to numerous articles, he co-authored a leading casebook with Daniel Chow titled International Intellectual Property: Problems, Cases, and Materials (West Group 2006).

Previously, Professor Lee was a legal writing instructor at Stanford Law School and an attorney at Stanford's Center for Internet and Society, where he supervised students involved in public interest litigation related to law and technology and the Internet. From 1996 to 1999, Professor Lee was a litigation associate in the Washington, D.C., office of Mayer, Brown & Platt, working at all levels of trial and appellate litigation, including cases before the U.S. Supreme Court. Immediately following law school, he clerked for the Honorable John T. Noonan Jr. of the U.S. Court of Appeals for the Ninth Circuit.


  • J.D., Harvard Law School
  • B.A., Williams College

Richard Stockton's Profile

Richard Stockton Related Seminars and Products

Banner & Witcoff, Ltd.

Richard Stockton is a principal shareholder at Banner Witcoff in Chicago. He received a B.S. degree in Electrical Engineering and a law degree cum laude from the University of Illinois, where he was the Editor-in-Chief of the Journal of Law, Technology & Policy.

Richard is a member of the American Intellectual Property Law Association’s Amicus Committee. He is the former co-chair of AIPLA’s International and Foreign Laws committee and the former chair of the Industrial Design committee. Richard is also a vice chair of the American Bar Association Section of Intellectual Property Law’s Patents division, and a past national chair of the Int’l Trademark Association’s Saul Lefkowitz Trademark Moot Court.  Richard has taught an IP pretrial skills class for 17 semesters, first at Georgetown and the Northwestern. 


Lucas M. Walker's Profile

Lucas M. Walker Related Seminars and Products


MoloLamken LLP

Lucas Walker is a partner in the Washington, D.C. office of MoloLamken LLP.  His practice focuses on appellate litigation in federal and state court, as well as motions practice and issue development at the trial level.  He has argued before the U.S. Supreme Court, federal courts of appeals, and district courts, and has briefed numerous other cases in those courts.  Mr. Walker’s experience covers a broad range of subject matter, including intellectual property, administrative and constitutional law, bankruptcy, foreign sovereign immunity, telecommunications, energy, and white-collar defense.  He recently briefed and argued on behalf of petitioners in Abitron Austria GmbH v. Hetronic International, Inc., where the Supreme Court held that U.S. trademark law does not apply to petitioners’ use of trademarks in foreign countries.

Mr. Walker served two clerkships at the U.S. Supreme Court, first with Justice Samuel A. Alito, Jr. and later with Justice Neil M. Gorsuch. Mr. Walker also served as a law clerk to then-Judge Gorsuch on the U.S. Court of Appeals for the Tenth Circuit. 

Mr. Walker teaches Advanced Appellate Advocacy at the George Washington University Law School.  He is also co-editor of MoloLamken’s annual Supreme Court Business Briefing.