The Supreme Court wrapped up its term by making one thing clear: it’s not eager to expand secondary liability in intellectual property cases.
While the Court’s recent decisions in Cox Communications and Hikma Pharmaceuticals focused on copyright and patent law, the ripple effects are already fueling conversations in the trademark world. Will courts begin applying the same skepticism to contributory trademark claims, or will trademark law continue to chart its own course under the decades-old Inwood framework?
That’s exactly the question explored in a recent Law360 article, “Cox, Hikma Ruling Sets Stage For Trademark Liability Fights,” featuring CM Law Partner Courtney Lytle Sarnow.
Courtney points out that trademark law has always occupied its own lane. Unlike copyright and patent law, trademark law is fundamentally about protecting consumers and preventing marketplace confusion. That distinction gives courts a strong reason to resist importing the Supreme Court’s latest reasoning wholesale.
At the same time, she notes that the Court’s unanimous opinions send a broader message: efforts to stretch secondary liability beyond direct infringers are likely to face heightened scrutiny. For plaintiffs, that may mean thinking twice before building a case around secondary liability alone. For defendants—and especially online platforms and intermediaries—the decisions could provide fresh arguments in future trademark disputes.
As courts begin sorting through the implications, one thing is certain: the conversation around secondary trademark liability is far from over.
If you have questions on what the recent Supreme Court ruling means for you and your organization, please connect with Courtney directly at csarnow@cm.law.
CM Law (cm.law) – formerly Culhane Meadows – is the largest national, full-service, women-owned & managed (WBE) law firm in the United States. Designed to provide experienced attorneys with an optimal way to practice sophisticated law while maintaining a superior work/life balance, the firm offers fully remote work options, a transparent, merit and math-based compensation structure, and a collaborative culture. Serving a diverse clientele—from individuals and small businesses to over 40 Fortune-ranked companies—CM Law is committed to delivering exceptional legal services across a broad spectrum of industries.
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