Tag Archives: Lanham Act

It’s A Snap: Supreme Court Rules that Trademark Owners can Recover Infringer’s Profits without Proving that Infringement was Willful

On April 23, 2020, the Supreme Court ruled that a trademark owner may recover an infringer’s profits under the federal Lanham Act without having to prove that the trademark infringement was “willful.” The ruling, in Romag Fasteners, Inc. v. Fossil Group, Inc. (Docket No. 18-1233), resolved a split among the Circuit Courts on this issue. … Continue Reading

Risqué Business: US Supreme Court Opens Trademark Registry to “Immoral or Scandalous” Trademarks

On June 24, 2019, the US Supreme Court invalidated the Lanham Act’s ban on registering “immoral or scandalous” trademarks. In Iancu v. Brunetti, the Court held that that the ban, in Section 2(a) of the Lanham Act, violated the First Amendment because it required the Government to discriminate against certain viewpoints: marks considered to have … Continue Reading

Supreme Court Clarifies Standing Requirements for False Advertising under the Lanham Act

In what many are calling a “game changing” decision, on March 25, 2014, the Supreme Court articulated the requirements for standing in false advertising cases brought under the Lanham Act in Lexmark v. Static Control, 572 U.S. ____ (2014). The long-running dispute between Static and Lexmark relates to the replacement toner market for printers. Lexmark … Continue Reading