News & Analysis as of

Lost Profits Damages Trademark Infringement

Greenberg Glusker LLP

Supreme Court Unanimously Holds that Willfulness is Not a Prerequisite for an Award Disgorging Trademark Infringer’s Profits

Greenberg Glusker LLP on

On April 23, 2020, the United States Supreme Court unanimously held that the Lanham Act does not require a showing of willful infringement to justify an award of defendant’s profits to the plaintiff. Romag Fasteners, Inc. v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2020

The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more

Sunstein LLP

May 2019 IP Update: Brewing Up a Controversy: Super Bowl Ad Provokes Clash Between Two Beer Industry Juggernauts

Sunstein LLP on

On March 21, MillerCoors—the maker of Miller Light and Coors Light— filed a complaint in federal court in Milwaukee for false advertising and trademark dilution against rival brewer Anheuser-Busch—the maker of Bud Light....more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

Knobbe Martens on

Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

Foley & Lardner LLP

Legal and Equitable Profit Disgorgement in a Trademark Case

Foley & Lardner LLP on

In many instances, trademark and trade dress cases are directed to injunctive relief, with damages being almost an afterthought. Not sharply focusing in damages from the outset of a case may be a mistake, particularly given...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Knobbe Martens

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Knobbe Martens on

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

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