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Supreme Court of the United States › Petition for Writ of Certiorari › Trademarks

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Farella Braun + Martel LLP

Profits or Peers: Does Seeking an Accounting in Trademark Litigation Waive the Right to a Jury Trial?

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In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering Firm

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Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2023

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The fashion industry has experienced another year of continued change driven by consumer trends, innovation in technology, geopolitical and public health issues, and legal developments, and we don’t anticipate that stopping...more

Akerman LLP - Marks, Works & Secrets

Cert. Granted in Abitron to Clarify Boundaries for Extraterritorial Application of Lanham Act

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In Abitron Austria GmbH v. Hetronic International, Inc., Oklahoma-based Hetronic, maker of radio remote controls for heavy-duty construction equipment, sued its former distributor Abitron (from Austria) for selling copycat...more

McDermott Will & Emery

2023 IP Outlook: Trademark and Copyright Supreme Court Update

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Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more

Proskauer Rose LLP

Three Point Shot - November 2022

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NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Miller Nash LLP

Second Time Lucky? Supreme Court Grants Cert in Jack Daniel’s Dog Toy Case

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The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is...more

Miller Nash LLP

Supreme Court May Review Trademark Territoriality

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The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more

BakerHostetler

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

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​​​​​​​In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc., a case involving the international...more

BakerHostetler

Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law

BakerHostetler on

This morning, the Supreme Court called for the views of the Solicitor General on the pending petition for writ of certiorari in Abitron Austria GmbH v. Hetronic International, Inc. In Abitron, the Court of Appeals for the...more

Akerman LLP - Marks, Works & Secrets

Cert. Roundup

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The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

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The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

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A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2019: Trademark Practice Update: Outrageous! Disgraceful! Appalling!...or is it? SCOTUS to Decide the...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more

Robins Kaplan LLP

Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

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Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Akerman LLP - Marks, Works & Secrets

Supreme Court Grants Cert. in USPTO Appeal of Slants Decision: Whether The Ban On Offensive Trademarks Violates The First...

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The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016). In that case, the USPTO denied registration of an application to register the...more

Foley Hoag LLP - Making Your Mark

Of Slants, Skins And Signs: The March To The Supreme Court

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This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc....more

Akerman LLP - Marks, Works & Secrets

In re Tam Redux: The PTO seeks Certiorari

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On April 20, 2016, the United States Patent and Trademark Office (“PTO”) filed a petition for a writ of certiorari to the Federal Circuit seeking Supreme Court review of that Court’s decision in In re Tam, 117 USPQ2d 1001...more

Dorsey & Whitney LLP

USPTO to SCOTUS: SOS on the Lanham Act ASAP

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On April 20, 2016, the USPTO made it official: It formally requested the U.S. Supreme Court to review the en banc Federal Circuit decision that held Section 2(a) of the Lanham Act violated the First Amendment. At issue...more

Foley Hoag LLP - Trademark, Copyright &...

A Tale Of Trade And Trademarks: General Cigar Co., Inc. v. Empresa Cubana Del Tabaco

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The United States has taken several recent steps towards normalizing its ties with Cuba and, just yesterday, the two countries re-opened embassies in each other’s capitals for the first time since 1961. Despite these...more

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