#lanham-act

[ follow ]
#supreme-court

Dewberry Oral Arguments Focus on Discretion to Craft Profits Award Under Just Sum Provision

The Supreme Court is reviewing whether profits from separate corporate affiliates can count in trademark infringement cases under the Lanham Act.

Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates' Profits

The Fourth Circuit's ruling could unjustly penalize trademark owners by allowing profit disgorgement from non-party affiliates without due process.

Dewberry Oral Arguments Focus on Discretion to Craft Profits Award Under Just Sum Provision

The Supreme Court is reviewing whether profits from separate corporate affiliates can count in trademark infringement cases under the Lanham Act.

Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates' Profits

The Fourth Circuit's ruling could unjustly penalize trademark owners by allowing profit disgorgement from non-party affiliates without due process.
moresupreme-court
#intellectual-property

Google Search Ad Rulings Spur Rethinking of Trademark Precedent

Recent appeals court rulings suggest buying ads linked to competitors' names may not infringe trademarks, with calls for further clarity on 'use in commerce.'

Even a Good Reason for Non-Use May Not Save Your Abandoned Trademark

Trademark rights are maintained through continuous use, and nonuse for three consecutive years can lead to a presumption of abandonment.

Google Search Ad Rulings Spur Rethinking of Trademark Precedent

Recent appeals court rulings suggest buying ads linked to competitors' names may not infringe trademarks, with calls for further clarity on 'use in commerce.'

Even a Good Reason for Non-Use May Not Save Your Abandoned Trademark

Trademark rights are maintained through continuous use, and nonuse for three consecutive years can lead to a presumption of abandonment.
moreintellectual-property
#false-advertising

Federal Circuit Says Lanham Act Applies to Crocs' False Claims that 'Croslite' Was Patented

The CAFC ruled that false advertising claims regarding patent claims are actionable under Section 43(a)(1)(B) of the Lanham Act.

Distinguishing Dastar: False Patent Marking Claims Get New Life Under the Lanham Act

False patent marking claims may now be pursued under the Lanham Act, allowing competitors to challenge misleading advertising.

Crocs Must Face False Advertising Claim, Federal Circuit Says

The Federal Circuit reinstated USA Dawgs' claims against Crocs for misleading advertising regarding Croslite foam's patent status.

Federal Circuit Says Lanham Act Applies to Crocs' False Claims that 'Croslite' Was Patented

The CAFC ruled that false advertising claims regarding patent claims are actionable under Section 43(a)(1)(B) of the Lanham Act.

Distinguishing Dastar: False Patent Marking Claims Get New Life Under the Lanham Act

False patent marking claims may now be pursued under the Lanham Act, allowing competitors to challenge misleading advertising.

Crocs Must Face False Advertising Claim, Federal Circuit Says

The Federal Circuit reinstated USA Dawgs' claims against Crocs for misleading advertising regarding Croslite foam's patent status.
morefalse-advertising

Magistrate Judge Recommends $54 Million in Damages Against Defaulting Defendants in Abbott Labs Diabetes Test Strips Case

The court supports Abbott Labs' claims of willful infringement and awards significant damages for unauthorized sales of its products.
[ Load more ]