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Enforcement Actions Lanham Act Appeals

Ladas & Parry LLP

Federal Circuit: it’s not easy being green for colour marks

Ladas & Parry LLP on

Legal updates: case law analysis and intelligence - - The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic - The Federal Circuit...more

Morrison & Foerster LLP

Supreme Court’s Dewberry Decision: Navigating Profit Recovery in Trademark Infringement Cases

Can a defendant’s affiliates’ profits be considered when awarding the “defendant’s” profits to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, § 1117(a)? In Dewberry Group, Inc. v Dewberry...more

McDermott Will & Schulte

Willful False Advertiser Not Subject to Disgorgement of Profits or Injunctive Relief

The US Court of Appeals for the Fifth Circuit affirmed a district court ruling that the defendant need not disgorge its profits or be subject to any further injunction, despite a jury finding that it had willfully falsely...more

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