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When Two Wrongs Make a Right: Ninth Circuit Holds Proof of Injury Not Required for Unclean Hands

Our parents and teachers taught us that “two wrongs don’t make a right.” But in the world of Lanham Act litigation, the opposite is often true. When defending a Lanham Act claim brought by a competitor, the doctrine of...more

U.S. Supreme Court Determines Otherwise Generic Term When Combined With Generic “.com” Can Be A Registrable Trademark

In a June 30 decision, the U.S. Supreme Court held that an otherwise generic term, when combined with the generic top-level domain “.com,” qualifies for trademark registration if consumers perceive the combination to identify...more

Seventh Circuit Rejects Court Intervention In Light Beer Ad Wars: Is A New Trend Brewing In False Advertising Law?

The last few years have seen a pitched battle for market share among the manufacturers of America’s leading “light” beers—a battle that’s been waged not only in America’s bars and on the airwaves, but in the courtroom....more

Breaking: Supreme Court To Decide Whether Willfulness Is Required To Disgorge Profits Under Lanham Act

Today, in its final orders list of the Term, the Supreme Court granted cert in Romag Fasteners, Inc. v. Fossil Inc. (No. 18-1233), to resolve a deep circuit split regarding Lanham Act remedies. The specific question in Romag...more

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