This week we highlight petitions pending before the Supreme Court that address the constitutionality of the Lanham Act’s prohibition on registering “immoral” or “scandalous” marks, standing requirements for a consumer seeking injunctive relief with regard to allegedly misleading consumer products, and the law that governs common-fund fee awards.
The petitions of the week are:
Issue: Whether common-fund fee awards are governed in diversity cases by state or federal law.
Issue: Whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks is facially invalid under the free speech clause of the First Amendment.
Issue: Whether a consumer, after using a product and determining that a representation concerning that product is allegedly misleading, can plausibly allege a “real and immediate threat” that she will be deceived by that same representation in the future so as to establish standing to seek an injunction.
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