#lanham-act

#lanham-act

Trademark law is evolving, highlighted by recent cases that underscore the importance of association and fair use in infringement claims.

Recent appeals court rulings suggest buying ads linked to competitors' names may not infringe trademarks, with calls for further clarity on 'use in commerce.'

The Fourth Circuit's ruling could unjustly penalize trademark owners by allowing profit disgorgement from non-party affiliates without due process.

Trademark rights are maintained through continuous use, and nonuse for three consecutive years can lead to a presumption of abandonment.

The Supreme Court is reviewing whether profits from separate corporate affiliates can count in trademark infringement cases under the Lanham Act.

The court supports Abbott Labs' claims of willful infringement and awards significant damages for unauthorized sales of its products.

The CAFC ruled that false advertising claims regarding patent claims are actionable under Section 43(a)(1)(B) of the Lanham Act.

False patent marking claims may now be pursued under the Lanham Act, allowing competitors to challenge misleading advertising.

The Federal Circuit reinstated USA Dawgs' claims against Crocs for misleading advertising regarding Croslite foam's patent status.