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Petitions of the week

This week we highlight petitions pending before the Supreme Court that address the constitutionality of the Lanham Act’s prohibition on registering “immoral” or “scandalous” marks, standing requirements for a consumer seeking injunctive relief with regard to allegedly misleading consumer products, and the law that governs common-fund fee awards.

The petitions of the week are:


Issue: Whether common-fund fee awards are governed in diversity cases by state or federal law.


Issue: Whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks is facially invalid under the free speech clause of the First Amendment.


Issue: Whether a consumer, after using a product and determining that a representation concerning that product is allegedly misleading, can plausibly allege a “real and immediate threat” that she will be deceived by that same representation in the future so as to establish standing to seek an injunction.

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (Oct. 4, 2018, 3:24 PM),