Articles

Lindman: Trademarks in the Supreme Court: 2019-2020

One could assume that significant issues in federal trademark law were decided long ago; yet, the Supreme Court issued two trademark decisions in 2019 that fundamentally impact trademark protection and has granted certiorari in three trademark cases for the 2019-2020 term.

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Willful wrong? SCOTUS to resolve circuit split on profits

Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.

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Uhl and Bose: Domino’s effect: SCOTUS skips clarifying ADA web access

Businesses are increasingly facing lawsuits under the Americans with Disabilities Act (ADA) regarding whether their websites are accessible to persons with disabilities. Recently, the United States Supreme Court declined an opportunity to address the law applicable to such claims, leaving businesses with little clarity as to what potential exposure they face.

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Gunmaker asks US Supreme Court to hear Sandy Hook appeal

The maker of the rifle used in the Sandy Hook Elementary School shooting has asked the U.S. Supreme Court to hear its appeal of a state ruling against the company. Remington Arms, based in Madison, North Carolina, cited a much-debated 2005 federal law that shields firearms manufacturers from liability in most cases when their products are used in crimes.

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Indiana landlord seeks Supreme Court’s help in land dispute

A northwestern Indiana landlord wants the U.S. Supreme Court to wade into his dispute with the city of Hammond and overturn a city order directing him to remove five apartments that he’s leased to tenants in what was once a single-family home. Jose Andrade, who argues that Hammond’s order violates his constitutional rights, has filed a petition for review with the nation’s highest court.

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Indiana fetal disposition law upheld by U.S. Supreme Court

Indiana’s law mandating that fetal remains be either buried or cremated has been upheld by the Supreme Court of the United States in a per curiam opinion issued Tuesday that found the 7th Circuit Court of Appeals had “clearly erred” in overturning the law. However, in the same opinion, the Supreme Court let stand a ruling which blocked another Indiana law that would have prevented abortions based on the gender, race or genetic abnormality of the fetus.  

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Indiana’s abortion ultrasound petition listed at U.S. Supreme Court

While the U.S. Supreme Court is still considering Indiana’s petition for a review of two abortion laws blocked by the lower courts, another abortion petition from the Hoosier state has been listed for the justices’ May 9 conference. Indiana filed a writ of certiorari Feb. 4, asking the Supreme Court to uphold its law requiring an ultrasound be performed on women seeking an abortion at least 18 hours before the procedure.

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Indiana, Ohio leading 6th Circuit appeal supporting law regulating Kentucky abortion clinics

The Hoosier state has filed its second abortion-related appeal this week, this time urging a federal appeals court to uphold states’ authority to regulate abortion clinics. Indiana Attorney General Curtis Hill joined forces with Ohio Attorney General Dave Yost to lead a 16-state coalition in favor of a Kentucky law requiring abortion clinics to maintain transfer-and-transportation agreements with local hospitals and ambulance services.

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State, community group urge SCOTUS to reject Lake Michigan access case

The state of Indiana and a community group favoring public access to the shore of Lake Michigan have filed briefs urging the Supreme Court of the United States to reject an appeal that could partly privatize the state’s 45 miles of Great Lakes beaches. Briefs filed Friday urge the high court to affirm the Indiana Supreme Court ruling that found the public has a right to walk along the shore of Lake Michigan from the water’s edge to the ordinary high water mark.

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