Craig Smith Quoted in Law360 Analysis of Supreme Court Decisions Shaping Trademark Liability

“Cox, Hikma Rulings Set Stage For Trademark Liability Fights”

L&A Partner and head of the firm’s litigation practice, Craig R. Smith, was featured in a recent Law360 analysis examining how two U.S. Supreme Court decisions—Cox Communications v. Sony Music Entertainment and Hikma Pharmaceuticals v. Amarin Pharma—may influence future disputes over secondary trademark liability.

According to the Law360 analysis, these rulings may increase attention on trademark law’s longstanding contributory-liability framework established by the Supreme Court’s Inwood decision, which remains comparatively broader than the standards recently applied in copyright and patent cases. As courts address disputes involving online platforms, marketplaces, and other intermediaries, litigants are expected to test how far trademark liability can extend when third parties commit the underlying infringement.

Craig contributed his perspective on the significance of the decisions and their potential impact on future trademark litigation. The article identifies a potential divergence among IP doctrines that may become increasingly significant as new cases reach the courts.

Read the full article on law360.com [subscription required].