Intellectual Property Protection, Lanham Act, Vacated

Affiliates (Currently) Off the Hook: Supreme Court Vacates $43M Trademark Infringement Award

Jones Day on 3/5/2025

The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more

The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits From Named Defendants’...

Fox Rothschild LLP on 2/28/2025

On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be held liable for payment of a disgorged...more

Supreme Court Overturns Nearly $43 Million Trademark Infringement Award Based on Section 35 of the Lanham Act

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/27/2025

The U.S. Supreme Court’s opinion in the Dewberry Group, Inc. v. Dewberry Engineers Inc. case was released Wednesday. In a unanimous opinion, the Court found that Section 35 of the Lanham Act, which provides that a plaintiff...more

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Bradley Arant Boult Cummings LLP on 4/18/2024

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No....more

Burst That Bubble: Specific Knowledge Necessary to Prove Contributory Trademark Infringement

McDermott Will & Emery on 8/3/2023

The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v....more

MarkIt to Market® - June 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/30/2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Supreme Court Vacates and Remands 10th Circuit's Decision in "Abitron"