Trademarks, Willful Infringement

Obtaining Attorneys’ Fees: Exceptional Facts, Not Policy

Irwin IP LLP on 8/12/2024

Lontex Corp. v. Nike, Inc., 107 F.4th 139 (3d Cir. 2024) - On July 10, 2024, the Third Circuit vacated and remanded the district court’s decision to award attorneys’ fees to plaintiff Lontex, a sports apparel brand whose...more

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

McDermott Will & Emery on 7/26/2024

The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

International Lawyers Network on 5/9/2024

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more

Defendant Cannot Keep Trademark and Copyright Infringement In The Dark

Womble Bond Dickinson on 10/23/2023

We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more

The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

Weintraub Tobin on 8/18/2023

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this...more

Conduct Over Confusion: Supreme Court Holds Lanham Act to the Presumption Against Extraterritoriality

Proskauer - Minding Your Business on 8/3/2023

In April, we discussed oral arguments at the Supreme Court for Abitron Austria GmbH et al. v. Hetronic International, Inc., a case in which the Supreme Court considered the extraterritorial reach of the Lanham Act (“Act”) for...more

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

Neal, Gerber & Eisenberg LLP on 7/3/2023

On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with...more

SCOTUS Set to Address United States Trademark Law’s International Reach

Dinsmore & Shohl LLP on 4/13/2023

On March 21, 2023, the Supreme Court of the United States heard oral argument in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) on an issue it has not squarely addressed in seven...more

Supreme Court May Review Trademark Territoriality

Miller Nash LLP on 10/12/2022

The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more

Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

Proskauer - Minding Your Business on 7/18/2022

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more

Stone Brewing Co. LLC v. Molson Coors Brewing Company – Ruling in Trademark Infringement Brewery Battle Serves Up Important...

Foster Garvey PC on 4/15/2022

On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the...more

技术的自由实施 (FTO) 尽职调查意见书：是什么？为什么重要？

Dickinson Wright on 3/22/2022

A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing...more

Freedom to Operate Opinions: What Are They, and Why Are They Important?

Dickinson Wright on 3/17/2022

What is a freedom to operate opinion, and why is it important? ...more

A David And Goliath Style UGG Boot Dispute

International Lawyers Network on 9/15/2021

Just over five years after the California-based retail giant Deckers Outdoor Corp. (Deckers) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd (Australian Leather) for trademark infringement,...more

Third Circuit Vacates $10.6 Million Trademark Infringement Award, Clarifying Several Standards to Be Applied by Trial Courts

Saiber LLC on 9/14/2021

In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement...more

U.S. Supreme Court - Willfulness is not a Prerequisite for a Profit Award for Trademark Infringement

Royer Cooper Cohen Braunfeld LLC on 9/9/2021

In its unanimous April 23, 2020 opinion in Romag Fasteners v. Fossil, Inc., the Supreme Court made clear once and for all that a successful trademark plaintiff is not required to establish that the defendant’s infringement...more

JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law

Jones Day on 6/24/2021

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer,...more

UGG, Is it Finally Over?

Dorsey & Whitney LLP on 5/25/2021

A long-running battle between Deckers Outdoor Corp., the makers of UGG boots, and Australian Leather PTY Ltd. may finally be over after a May 7 ruling by the United States Court of Appeals for the Federal Circuit. The battle...more

Even After a Supreme Court Win, Romag Fasteners Can’t Get a Big Jury Verdict to Stick

Dorsey & Whitney LLP on 5/17/2021

Trademark law aficianados have followed the progress of Romag Fasteners v. Fossil from District Court to the Federal Circuit to the Supreme Court and back again. We previously blogged about the Supreme Court decision here. In...more

Trademark Law Trends To Follow In 2021

Bradley Arant Boult Cummings LLP on 1/5/2021

2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview...more

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

Jones Day on 12/10/2020

Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

2020 Brings (Some) Clarity to Trademark Profit Awards

Faegre Drinker Biddle & Reath LLP on 10/29/2020

Nearly a year ago, we previewed the U.S. Supreme Court’s then-upcoming decision in Romag Fasteners, Inc. v. Fossil Group, Inc.—a case set to provide some much needed clarity on the question of whether plaintiffs in trademark...more

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

International Lawyers Network on 8/20/2020

The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted...more

Supreme Court Helps Trademark Owners: Proof of “Willfulness” Is Not Required To Recover Infringer’s Profits

Burns & Levinson LLP on 6/23/2020

In April 2020, the U.S. Supreme Court ruled that trademark infringers can be required to hand over their profits to a brand owner even if their conduct was not “willful.” The case was Romag Fasteners v. Fossil Group, Inc.,...more

Trademark Infringement Remedies Just Got Snappier? United States Supreme Court Says Proving Willfulness Is Not Required For...

Sunstein LLP on 6/11/2020

In U.S. trademark litigation, the focus is typically on injunctive relief: The plaintiff wants the defendant to cease use of the infringing mark before the plaintiff’s reputation is harmed or the strength of the mark is...more

Trademarks › Willful Infringement

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