News & Analysis as of

Enforcement Actions Lanham Act Trademarks

Proskauer Rose LLP

Three Point Shot - August 2025

Proskauer Rose LLP on

Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

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

Adams & Reese

United States: How a multi-pronged legislative approach is curbing the online trade in fakes

Adams & Reese on

Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The...more

Jenner & Block

Two Years After Abitron: Navigating the Limits of US Trademark Enforcement Abroad

Jenner & Block on

Two years after the US Supreme Court’s decision in Abitron Austria GmbH v. Hetronic International, Inc., US trademark owners and global businesses continue to grapple with its implications for cross-border enforcement. The...more

Amundsen Davis LLC

How Businesses Can Enforce Trademark Registrations

Amundsen Davis LLC on

Trademark registrations are a great tool for business owners to protect their brand identity. Unlike some other forms of intellectual property protection, trademarks can last forever provided that they are actively used and...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

Kilpatrick

Guarding the Guardrails: The Supreme Court Places Limits on the Equitable Remedy of an Accounting of Profits Under Section 35 of...

Kilpatrick on

I. Introduction - A prevailing plaintiff under the Lanham Act may be entitled to several forms of monetary relief, among them an accounting of the defendant’s profits under Section 35 of the Act.1 The prospect of a...more

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