Monday, March 07, 2011

False Marking involving a Method Patent

Short blurb on a case finding false marking for failure to use the method here.  H/T a reader.  (I have noticed that many practitioner readers prefer not to be named as sources.  Thus, my general practice is not to name them unless asked!)


  1. tedro5:26 PM

    Is there anything wrong with awarding damages under both Lanham Act and False Marking statute for the same conduct?

  2. While the standards are different, there's certainly no barrier in a case where both violations occurred. The damages are unlikely to be duplicative, though I can imagine a court using its discretion on false marking to account for Lanham Act damages.