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
6/23/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
The venue of a lawsuit can be a crucial, even dispositive, decision in managing the strategy of a successful outcome in an IP dispute. Defending a lawsuit on your home turf is often easier than in a distant state – defendants...more
12/18/2017
/ BNSF Railway Co v Tyrrell ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Copyright Litigation ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
General Jurisdiction ,
Intellectual Property Litigation ,
Patent Litigation ,
Personal Jurisdiction ,
Specific Jurisdiction ,
TC Heartland LLC v Kraft Foods ,
Trade Secrets ,
Trademark Litigation ,
Venue ,
Young Lawyers
STATEMENT OF INTEREST OF AMICUS CURIAE -
Imaging Supplies Coalition submits this brief in support of Lexmark International, Inc. to urge the Court to uphold the rulings of the en banc Court of Appeals for the Federal...more
On November 3, 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was...more
12/6/2016
/ Abbott Laboratories ,
Appeals ,
Counterfeit Goods Regulation ,
CVS ,
Gray Market Goods ,
Imports ,
Kia ,
Lanham Act ,
Medical Devices ,
Nestle ,
Popular ,
Strategic Planning
My client Sarah is a talented graphic designer who developed the idea of printing unique designs on curtains. She began selling them on Amazon and the product became wildly successful. Due to this popularity, counterfeiters...more
We frequently see companies affected by gray market imports and diverted sales. The gray market is caused by opportunistic importers who purchase a company’s products abroad and import them into the U.S. without...more
In This Issue:
- Message from the Managing Partner
- Amazing Clients®: ACell: Medical Miracles - The Age of Bionic Reconstruction Arrives
- Rethinking Today’s “Fixed Income” Investments
- Can Gray...more