Corporate Shells and Legal Loopholes: The Dewberry Decision's Trickster LegacyThe Supreme Court's decision may encourage corporate structuring to shield profits from trademark liability.
U.S. Supreme Court Reinforces Corporate Separateness in Trademark DisputesThe Supreme Court's ruling in Dewberry underscores the importance of corporate separateness in enforcing trademark damages.
Dewberry Oral Arguments Focus on Discretion to Craft Profits Award Under Just Sum ProvisionThe Supreme Court is reviewing whether profits from separate corporate affiliates can count in trademark infringement cases under the Lanham Act.
Morning Docket: 01.27.25Judges remind January 6 convicts that pardons do not exempt future crimes.Parody may not be protected under the Lanham Act, complicating legal issues for creators.The Supreme Court case may lead to increased public funding for segregation academies.Trump's order for federal workers to return contradicts existing agreements.
Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates' ProfitsThe Fourth Circuit's ruling could unjustly penalize trademark owners by allowing profit disgorgement from non-party affiliates without due process.
Corporate Shells and Legal Loopholes: The Dewberry Decision's Trickster LegacyThe Supreme Court's decision may encourage corporate structuring to shield profits from trademark liability.
U.S. Supreme Court Reinforces Corporate Separateness in Trademark DisputesThe Supreme Court's ruling in Dewberry underscores the importance of corporate separateness in enforcing trademark damages.
Dewberry Oral Arguments Focus on Discretion to Craft Profits Award Under Just Sum ProvisionThe Supreme Court is reviewing whether profits from separate corporate affiliates can count in trademark infringement cases under the Lanham Act.
Morning Docket: 01.27.25Judges remind January 6 convicts that pardons do not exempt future crimes.Parody may not be protected under the Lanham Act, complicating legal issues for creators.The Supreme Court case may lead to increased public funding for segregation academies.Trump's order for federal workers to return contradicts existing agreements.
Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates' ProfitsThe Fourth Circuit's ruling could unjustly penalize trademark owners by allowing profit disgorgement from non-party affiliates without due process.
Top Trademark Cases in 2024 and What to Watch in 2025Trademark law is evolving, highlighted by recent cases that underscore the importance of association and fair use in infringement claims.
Google Search Ad Rulings Spur Rethinking of Trademark PrecedentRecent 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 TrademarkTrademark rights are maintained through continuous use, and nonuse for three consecutive years can lead to a presumption of abandonment.
Top Trademark Cases in 2024 and What to Watch in 2025Trademark law is evolving, highlighted by recent cases that underscore the importance of association and fair use in infringement claims.
Google Search Ad Rulings Spur Rethinking of Trademark PrecedentRecent 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 TrademarkTrademark rights are maintained through continuous use, and nonuse for three consecutive years can lead to a presumption of abandonment.
Federal Circuit Says Lanham Act Applies to Crocs' False Claims that 'Croslite' Was PatentedThe 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 ActFalse 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 SaysThe 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 PatentedThe 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 ActFalse 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 SaysThe Federal Circuit reinstated USA Dawgs' claims against Crocs for misleading advertising regarding Croslite foam's patent status.
Magistrate Judge Recommends $54 Million in Damages Against Defaulting Defendants in Abbott Labs Diabetes Test Strips CaseThe court supports Abbott Labs' claims of willful infringement and awards significant damages for unauthorized sales of its products.