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Statute of Limitations › Lanham Act

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Goodell, DeVries, Leech & Dann, LLP

Do Analogous State Statute of Limitations Apply When the Lanham Act Provides None, Or Do Equitable Considerations, Such as Laches?...

Goodell, DeVries, Leech & Dann, LLP on

The federal Lanham Act goes beyond trademark protection and establishes causes of action, as well, for unfair competition, false advertising, and false association. Section 43(a), however, does not contain a statute of...more

Proskauer - Advertising Law

Fourth Circuit La(t)ches On to Timeliness of § 43(a) Lanham Act Claims

Proskauer - Advertising Law on

The Fourth Circuit recently overturned a district court’s decision to apply an analogous state law statute of limitations to bar a claim for false advertising under § 43(a) of the Lanham Act. In doing so, the Court held that...more

ArentFox Schiff

New Headache for Trademark Litigants? Fourth Circuit’s Bayer Decision Rejects Application of State Statute of Limitations to...

ArentFox Schiff on

The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham...more

McDermott Will & Emery

Fairness Is the Limit for Asserting False Advertising Claims

McDermott Will & Emery on

Addressing whether Lanham Act claims for false advertising or false association under § 43(a) (15 USC § 1125(a)) are subject to a statute of limitations, the US Court of Appeals for the Fourth Circuit concluded that the sole...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: In Rem and Out of Time

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

Foley & Lardner LLP

Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name

Foley & Lardner LLP on

Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held that the insurers must pay...more

Knobbe Martens

Ninth Circuit Reaffirms Laches as an Equitable Defense in Trademark Cancellation Actions

Knobbe Martens on

In Cosmetic Warriors v. Pinkette Clothing, the Ninth Circuit addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act. ...more

Knobbe Martens

This Year’s Top Ten IP Cases

Knobbe Martens on

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Jackson Walker

Laches Remains a Valid Defense to Patent Infringement Notwithstanding 'Petrella v. Metro-Goldwyn-Mayer'

Jackson Walker on

On Friday, September 18, 2015, the Federal Circuit sitting en banc, confirmed in SCA Hygiene Products v. First Quality Baby Products that the common law doctrine of laches is still a viable defense to patent infringement when...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Status of Patent Laches after Petrella v. MGM

McDonnell Boehnen Hulbert & Berghoff LLP on

Today in Petrella v. Metro-Goldwyn-Mayer, Inc. (case number 12-1315), the U.S. Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim that was brought within the statutorily allowed...more

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