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Split of Authority Patents Damages

Proskauer - Advertising Law

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

Foley Hoag LLP - Making Your Mark

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

Fenwick & West LLP on

A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Dickinson Wright

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

Dickinson Wright on

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION...more

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