News & Publications

9th Circuit Panel Upholds Geographical Limitation On Trademark Infringement Damages As To U.S.-Made Products Marketed And Sold Exclusively Offshore

The Lanham Act is a collection of federal statutes that allows trademark owners the right to sue and recover damages from those who infringe their trademark by marketing and selling similar products under a brand name that creates a "likelihood of confusion" in the minds of consumers. However, the right to collect damages from an infringer is limited by geography and the sovereign rule of other nations. In 2023, the U.S. Supreme Court decided Abitron Austria [...]

The Minefield Of Appellate Practice

Securing Court Approval of an Appeal Bond in an Amount Less than Full Judgment under Illinois Supreme Court Rule 305(a) In Illinois, when a jury awards damages to the plaintiff, the trial court enters a judgment in favor of the plaintiff and against the defendant in the amount of the jury's verdict. That judgment may be enforced during the course of the defendant's appeal unless the defendant seeks a stay of enforcement supported by the [...]

Supreme Court Blocks Mexico’s Gun Lawsuit

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were immune from suit under the Protection of Lawful Commerce in Arms Act (PLCAA) because the defendants' alleged conduct did not constitute aiding and abetting the illegal sale of firearms. No. 23-1141 (U.S. June 5, 2025) (Kagan, J.). Congress enacted PLCAA in [...]