A 5th U.S. Circuit Court of Appeals opinion expands the range of what federal trial courts should consider when determining whether to sanction a plaintiff who brings an action under the statute that protects trademarks. In the unanimous Jan. 17 decision, a 5th Circuit panel vacated a lower court’s order awarding almost $500,000 in attorneys’ fees and costs, including some under the Lanham Act, to three defendants in Procter & Gamble Co. v. Amway Corp., et al. — a case stemming from the circulation of false rumors that P&G has links to Satanism.
The court remanded the case to U.S. District Judge Vanessa Gilmore’s court in Houston with a directive that she consider the objective merits of the suit when determining whether P&G acted in good faith when it pursued claims against three entities – Amway Distributors Association (ADA), Ja-Ri Corp. and Internet Services Corp.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
