Lanham Act: brand owners’ current weapon of choice

Since the outbreak of COVID-19, US federal courts have seen an uptick in Lanham Act cases. Unlike a typical Lanham Act case dealing solely with some form of trademark infringement or dilution, these cases have largely attacked third-party price-gouging of key medical supplies needed to combat the disease.

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3M price-gouging case ‘crumbles like cookie’, says accused company

12 May 2020 A trademark infringement complaint filed by 3M is “short on ultimate facts and long on inflammatory, derogatory, and conclusory assertions”, according to the company accused of price-gouging in the suit.

Americas

3M ramps up US mask litigation, secures injunction

5 May 2020 3M has filed four more trademark lawsuits against companies accused of reselling N95 masks at inflated prices amid the COVID-19 pandemic, while also securing a preliminary injunction in another suit.

Americas

BIO 2017: Section 101 raises fundamental policy question, says 3M

21 June 2017 The perceived problem with 35 USC section 101 is a “fundamental question of national innovation policy”, claimed Kevin Rhodes, vice president and chief IP counsel at multinational conglomerate 3M.