Amicus Brief

American Society for Testing and Materials et al., v. Public.Resource.Org, Inc.

Published: December 8, 2017


United States Court of Appeals for the District of Columbia Circuit

Our Position

The Court should rule that the trademark owners may assert Lanham Act claims over misattribution or unauthorized use of trademarks in connection of goods that contain copyrightable materials.


The Court ruled that the use of the private organizations’ trademarks ran afoul of the Lanham Act and did not satisfy the judicial “nominative fair use” exception. They reversed and remanded the case.