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:
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).
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.
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