A trademark infringement suit is not required to show willful infringement as a precondition to a disgorgement of the infringers’ profits.
Willfulness not required for profits awards in trademark infringement suits
Trademarks, social media and lessons learned
On June 14, 2018, a federal trial court in New York issued a decision relating to a restaurant owner’s claim that the restaurant manager was using the owner’s trademarks on social media in violation of the federal trademark law known as the Lanham Act. The trial court denied the owner’s claim, in a ruling that provides some useful lessons to anyone who licenses a trademark. (Thousand Island Park Corp. v. Welser, 5:18-CV-117 (N.D.N.Y. June 14, 2018 (2018 WL 29803231)).)
The Slants Win: SCOTUS rules “Disparaging” trademark provision unconstitutional
On June 19, 2017, the United States Supreme Court issued a much-anticipated decision, holding that the so-called “disparagement clause” of the Lanham Act is an impermissible restriction on free speech under the First Amendment. The ruling is the culmination
Update: INTA files amicus brief with SCOTUS in Slants case
On December 16, 2016, the International Trademark Association (“INTA”) filed an amicus brief with the U.S. Supreme Court in support of Simon Tam, founder of the Slants. Lee v. Tam, No. 15-1293, Br. Of Amicus Curiae Int’l Trademark Assoc.
Update: 2d Circuit denies split in Church & Dwight and Apotex rulings
On December 2, 2016, the United States Court of Appeals for the Second Circuit denied rehearing by the Panel and rehearing en banc. On December 5, 2016, the Court withdrew its previous opinion, which was to have been published
Second Circuit may address apparent Apotex/Church & Dwight split
Houston College of Law enjoined from using name
On Friday, October 14, 2016, a federal judged ruled that Houston College of Law must change its name, at least for the duration of pending trademark litigation. The temporary injunction stems from a trademark infringement suit the University of Houston
Redskins won’t join Slants’ trademark case at SCOTUS
The Supreme Court has refused the Washington Redskins’ request to join The Slants’ case challenging the Lanham Act’s ban on the registration of offensive trademarks. Pro-Football, Inc. v. Blackhorse, Case No. 15-1311 (U.S. Supreme Court’s Order List at 58, Oct.
Intra-Circuit split should give advertisers pause
While advertising off-label claims for medical devices and pharmaceuticals may be like sailing into stormy waters, companies might assume that advertising their products based on FDA-vetted labeling is, if not a safe harbor, at least a reasonably sheltered cove. The
“Sue me already” – Analyzing Kanye’s (In)Famous Video (Part III)