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Willful Infringement Infringement

Proskauer - Minding Your Business

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

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

Mintz - Intellectual Property Viewpoints

Judge Albright Holds Willful Infringement Pleading Does Not Require Allegations of Egregious Infringing Behavior

On July 12, 2022, U.S. District Judge Alan D. Albright of the Western District of Texas denied alleged infringer Lenovo’s motion to dismiss ACQIS’s willful and indirect infringement and enhanced damages claims, holding that...more

Weintraub Tobin

Tiffany & Company v. Costco Wholesale: Tiffany is far from Generic

Weintraub Tobin on

On September 9, 2015, the United States District Court for the Southern District of New York ruled that Costco was willfully infringing Tiffany & Co.’s trademarks by selling diamond engagement rings bearing the renowned...more

Foley Hoag LLP - Trademark, Copyright &...

Are “Concurrent Damages” A Good Idea For Copyright Law?

About a year ago, we wrote about the final chapter in the copyright saga of Joel Tenenbaum, the Boston University student who was found liable for copyright infringement by a District of Massachusetts jury, based on his...more

Foley & Lardner LLP

Objectively Reasonable Defense Precludes Enhanced Patent Damages

Foley & Lardner LLP on

In the non-precedential opinion in Lee v. Mike’s Novelties, Inc., the Federal Circuit affirmed the district court’s judgment of infringement and no invalidity, but reversed the finding of willful infringement. In so doing,...more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

Hinshaw & Culbertson LLP

Bratz Litigation Has Provided Fertile Grounds for Attorney Fee Disputes

The Bratz litigation between Mattel and MGA Entertainment has provided fertile grounds for attorney fee disputes. In the latest installment, the Ninth Circuit upheld a $137 million attorney fee award in favor of MGA as a...more

Miller Canfield

It’s All in the Bag – Fendi Counterfeiter Held Liable for Willful Infringement

Miller Canfield on

The U.S. Court of Appeals for the Second Circuit recently awarded Fendi at least $12.3 million in damages, finding that the trademark infringement of importer Ashley Reed Trading, Inc. was willful....more

Foley Hoag LLP - Trademark, Copyright &...

Celebrity Trademark Watch: Kardashians Kalled to Kourt?

Kim, Kourtney, and Khloé , the reality-TV triple threat otherwise known as the Kardashians, are going to have to keep up with the federal court in California. The three sisters (not to be confused with Chekhov’s titular...more

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