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Guarding the Guardrails: The Supreme Court Places Limits on the Equitable Remedy of an Accounting of Profits Under Section 35 of...

I. Introduction - A prevailing plaintiff under the Lanham Act may be entitled to several forms of monetary relief, among them an accounting of the defendant’s profits under Section 35 of the Act.1 The prospect of a...more

6 Key Takeaways | Annual Update on Recent Trademark Case Law

Kilpatrick partner Ted Davis recently presented his “Annual Update on Recent Trademark Case Law” at the firm’s 2025 Advanced Trademark Law Seminar in San Francisco....more

Vidal v. Elster: The Supreme Court Affirms the Constitutionality of Section 2(c) of the Lanham Act

In Vidal v. Elster, the Supreme Court addressed the constitutionality of Section 2(c) of the Lanham Act, which prohibits the registration as a trademark or service mark of any “name, portrait, or signature identifying a...more

Abitron Austria GmbH v. Hetronic Int’l, Inc.: The Supreme Court Restricts Extraterritorial Applications of the Lanham Act

I. Introduction - In Abitron Austria GmbH v. Hetronic Int’l, Inc., the Supreme Court adopted a restrictive rule governing extraterritorial applications of the federal Lanham Act. In doing so, the Court rejected the...more

The Supreme Court Modifies the Relationship Between Free Speech and Trademark Rights in Jack Daniel’s Properties, Inc. v. VIP...

I. Introduction - The test for trademark and service mark infringement first set forth in Rogers v. Grimaldi, has played an increasingly significant role in challenges to the titles and contents of creative works since...more

Strategies for Cultivating Protectable Rights in, and Registering, Generic.com Marks After United States Patent and Trademark...

On June 30, 2020, the U.S. Supreme Court affirmed the potential registrability in the U.S. Patent and Trademark Office (“PTO”) of a claimed trademark or service mark consisting of a generic word and a generic top-level domain...more

The Supreme Court Abrogates Willfulness as a Bright-Line Prerequisite for Accountings of Profits Under the Lanham Act

For years, the federal courts of appeals have been split on an issue of critical importance to litigants under the Lanham Act, namely, whether a prevailing plaintiff seeking an accounting of the defendant’s profits under...more

Immoral and Scandalous Trademarks

On January 4, 2019, the U.S. Supreme Court granted a petition for certiorari filed by the U.S. Patent and Trademark office in Iancu v. Brunetti. The USPTO seeks to overturn the Federal Circuit’s ruling that the prohibition on...more

Supreme Court Holds a Portion of Section 2(a) of the Lanham Act Unconstitutional

In Matal v. Tam, the Supreme Court held that a portion of Section 2(a) of the Lanham Act prohibiting the federal registration of potentially disparaging trademarks and service marks violated the Free Speech Clause of the...more

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