This week we highlight petitions pending before the Supreme Court that address the constitutionality of an interrogation conducted by a state-employed Child Protective Services caseworker in certain circumstances and whether, under Section 35 of the Lanham Act, willful infringement is a prerequisite for an award of an infringer’s profits for a violation of Section 43(a) of the statute.

The petitions of the week are:

18-1233

Issue: Whether, under Section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer’s profits for a violation of Section 43(a), 15 U.S.C. § 1125(a).

18-1241

Issues: (1) Whether an interrogation that would violate the Fifth Amendment if conducted by a police officer also violates the Fifth Amendment if conducted by a state-employed Child Protective Services caseworker, when the caseworker is required by law to share information obtained in the interrogation with the police and the prosecutor; and (2) whether an interrogation that would violate the Sixth Amendment if conducted by a police officer also violates the Sixth Amendment if conducted by a state-employed CPS caseworker, when the caseworker is required by law to share information obtained in the interrogation with the police and the prosecutor.

Posted in Romag Fasteners Inc. v. Fossil Inc., Jackson v. Ohio, Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (May. 8, 2019, 9:48 AM), https://www.scotusblog.com/2019/05/petitions-of-the-week-43/