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!)


tedro said...

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

RT said...

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.