Lanham Limits

In Reed v. Marshall, the Fifth Circuit addressed whether joint owners of a trademark can sue each other for infringement or dilution under the Lanham Act. The Court held that the Lanham Act does not authorize such claims between co-owners of a trademark.

The Court explained that trademark law is designed to protect owners and consumers from third-party infringers, not to resolve disputes among co-owners Joint ownership of a mark gives each owner a complete interest in the mark, allowing them to use it as they please unless a separate contractual agreement says otherwise. The statutory language of the Lanham Act, according to the court, “makes this cause exclusive to the registrant of the trademark,” and does not contemplate claims by one co-owner against another. No. 24-20198, July 2, 2025