Page:Abitron Austria GmbH v. Hetronic International, Inc..pdf/22

4 function of a trademark.

In brief, once the marks on its bags are serving their core source-identifying function in commerce in the United States, this German company is doing—domestically—exactly what Congress sought to proscribe. Accordingly, the German company may be subject to liability for this domestic conduct—i.e., it cannot successfully obtain dismissal of the lawsuit on extraterritoriality grounds—even though it never sold the bags in, or directly into, the United States.

Guided by this understanding of “use in commerce,” I join the Court’s opinion in full.