Hetronic International v. Hetronic Germany GmbH, 10 F.4th 1016 (10th Cir. Aug. 24, 2021)

This case involved a Lanham Act claim with plaintiff asserting that defendant, a former distributor in Europe, was selling plaintiff’s exact radio remote controls used to operate heavy-duty construction equipment. A jury awarded plaintiff $100 million in damages and the district court entered a worldwide injunction pursuant to the Lanham Act. In a case of first impression in the circuit, the Tenth Circuit held that when the Lanham Act claim involves an American citizen, and “defendant’s conduct has a substantial effect on U.S. commerce,” the Lanham Act can apply to extraterritorially conduct if applying the Act “would [not] create a conflict with trademark rights established under the relevant foreign law.”