Court: Eleventh Circuit

Unlawful use doctrine may (or may not) be a defence to trademark infringement in the Eleventh Circuit

The Federal Circuit found that the district court had misread the Eleventh Circuit’s decision in FN Herstal.

30 August 2024

On the border of art and trademark: First Amendment trumps the Lanham Act

In this dispute between the owners of the Flora-Bama Lounge and the producers of the reality series Floribama Shore, the 11th Circuit has found that the First Amendment protected use of an artistic work that was not deliberately misleading.

23 January 2023