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Statute of Limitations Trademarks

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 -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

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?...

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

Hogan Lovells

EuGH: Unterbrechung der Verwirkungsfrist nur bei ernsthafter Rechtsverfolgung

Hogan Lovells on

Der mit einem kennzeichenrechtlichen Verfahren um die Rechte am Unternehmenskennzeichen „HEITEC“ befasste BGH legte dem EuGH vier Fragen zur Vorabentscheidung vor, welche alle die Rechtsfrage der Verwirkung wegen Duldung zum...more

Fox Rothschild LLP

Judge Stark Grants Plaintiff’s Motion for Partial Summary Judgment as to Defendants’ Affirmative Defenses of Laches, Acquiescence...

Fox Rothschild LLP on

By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd., Civil Action No. 20-1652-LPS (D.Del. November 5, 2021), the Court granted the motion for partial summary...more

Freeman Law

Counterfeiting Under Section 2318

Freeman Law on

Counterfeit and Illicit Labels Under Section 2318 - Much like the Copyright Act, 18 U.S.C. § 2318 is a criminal statute designed to protect creative works. It prohibits knowingly trafficking in counterfeit or illicit...more

Proskauer - Advertising Law

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

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

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

Lathrop GPM

The Franchise Memorandum - Issue 249

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

McDermott Will & Emery

Claims for Continued Trade Secret Misappropriation Allowed when Statute Permits Separate Accrual

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit reversed in part and affirmed in part a district court’s decision that a trademark owner’s infringement claims were time-barred, finding that Pennsylvania applies a separate...more

Proskauer Rose LLP

New York Court Awards $120 Million for Undervalued Family Trademarks

Proskauer Rose LLP on

The Palm, known mostly for its famous steaks and caricature-filled walls, is quickly becoming notable for another reason. Recently, in an opinion following a bench trial, New York State Supreme Court Judge Andrea Masley...more

Knobbe Martens

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

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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

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#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

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