Appellate Law News and Insights

On February 26, 2025, the US Supreme Court issued a unanimous decision limiting the scope of an award of the "defendant's profits" in trademark infringement suits under the Lanham Act, 15 U.S.C. §1117(a), to only those profits ascribable to the "defendant" itself.1 The Court vacated the opinion of the Fourth Circuit...

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The Corporate Transparency Act (CTA or the Act) is back in play. In an Order released on Feb. 17, 2025, a federal district court in the Eastern District of Texas stayed its Order from Jan. 7, 2025, which had enjoined enforcement of the Act. Smith v. U.S. Dept. of the Treasury,...

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This week, the U.S. Court of Appeals for the Fifth Circuit vacated the Federal Trade Commission's (FTC) Combatting Auto Retail Scams (CARS) rule. Industry groups had challenged the rule, arguing that: The FTC violated Section 18(b) of the FTC Act by failing to issue an advance notice of proposed rulemaking (ANPRM) before...

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