The Dewberry Dilemma: How the Supreme Court has Created a Freeway for Infringement Under the Lanham Act

The Dewberry Dilemma: How the Supreme Court has Created a Freeway for Infringement Under the Lanham Act

Journal article

1 online resource

The Lanham Act was enacted in 1946 to create a national system to protect trademark owners' use of a mark in commerce in connection with goods or services. Those who infringe upon a registered trademark or a common law trademark are subject to specific remedies, which may include injunctive relief and/or monetary damages. Companies can be corporately distinct from one another, allowing a parent company to create subsidiaries and affiliates; these separate entities are not liable for the actions of the parent company, absent veil piercing. When a court pierces the corporate veil, the parent company/shareholder who actively participates and exercises control over the affiliate may be directly liable for their actions.4 While state law generally governs this issue, federal courts have determined instances where veil-piercing principles apply.

Crossref

AIPLA Quarterly Journal, Summer 2025, Volume 53, Issue 3, p. 483.

[New York, NY] : Thomson Reuters, 2025.

eng

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