Law: Lanham Act 1946 (USA)

The recent reversal of a decision by the Ninth Circuit has once again highlighted the nuanced interaction of the Lanham Act and the First Amendment, following the precedential Jack Daniel’s case last year.

08 February 2024

Even when use of another’s trademark is for an expressive purpose, the First Amendment does not cover situations where the mark is still used for source identification. 

04 January 2024

Featured in Trademark Litigation Review 2025

In the past year, US courts have set critical new legal precedents, including on the extraterritorial application of US trademark law and burden of proof for ‘crowded field’ defences. The first round of decisions interpreting the 2020 Trademark Modernization Act’s expungement and reexamination procedures have also made waves, offering new avenues for challenging existing US registrations.

24 November 2023

The TTAB’s power to dismiss registered trademarks under Section 14 of the Lanham Act has been called into question in a dispute over fraudulently obtained registrations.

16 November 2023

The decision limits the tools that the USPTO can use to punish and deter mark owners who make fraudulent Section 15 filings.

09 November 2023

In a trademark suit against Jägermeister, the court affirmed the decision that no infringement had taken place. While the word at issue was being used in advertising by both parties, the difference between the products was sufficient for the claim to be dismissed.

26 October 2023

Well-known sweet manufacturer Haribo has prevailed in an infringement dispute, relying on consumer common sense. The case sheds light on the role of functionality in trademark ownership and how two products can be found not to encroach on one another’s marks despite great similarity between them.

05 October 2023

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2023

The Lanham Act and Trademark Counterfeiting Act work hand in hand to boost anti-counterfeiting enforcement, protecting rights holders and legitimate suppliers against a rising tide of infringement.

29 September 2023

In a deep dive into the intricate area of preliminary injunctions, the Fifth Circuit has shed valuable light on the details of proper jurisdiction to issue such a motion. The finding is the latest twist in a trademark dispute involving the manufacturer of the well-known KitchenAid.

28 September 2023

In Herbal Brands, the Court of Appeals held that if a defendant sells a physical product via an interactive website and causes that product to be delivered to the forum, the exercise of personal jurisdiction may be appropriate.

27 July 2023