US Supreme Court renews interest in the Lanham Act
In 2014 two Supreme Court opinions decided who can bring a claim for false advertising. However, it was also an important year for the First Amendment in trademark cases
The headline trademark news from 2014 was the Supreme Court’s renewed interest in the Lanham Act, with two opinions on who can bring a claim for false advertising. In non-patent cases, the Supreme Court has also influenced Lanham Act holdings, clarifying the determination of ‘exceptional’ for attorneys’ fees purposes and narrowing general jurisdiction over foreign entities. Most relevant for the day-to-day work of trademark practitioners, though, is the continued steep decline in courts’ willingness to presume irreparable harm in trademark infringement cases. In addition, the First Amendment remained an unavoidable presence this past year.
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