Page:Abitron Austria GmbH v. Hetronic International, Inc..pdf/3

Rh of these provisions. Under the proper test, the ultimate question regarding permissible domestic application turns on the location of the conduct relevant to the focus of the statutory provisions. But much of the parties’ dispute in this case misses this critical point and centers on the “focus” of the relevant provisions without regard to the “conduct relevant to that focus.” WesternGeco, 585 U. S., at ___. Abitron contends that §1114(1)(a) and §1125(a)(1) focus on preventing infringing use of trademarks, while Hetronic argues that they focus both on protecting the goodwill of mark owners and on preventing consumer confusion. The United States as amicus curiae argues that the provisions focus only on likely consumer confusion. The parties all seek support for their positions in Steele v. Bulova Watch Co., 344 U. S. 280, but because Steele implicated both domestic conduct and a likelihood of domestic confusion, Steele does not answer which one determines the domestic applications of the provisions here.

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