The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the...more
On Oct. 13, President Donald Trump signed a “Memorandum on Stopping Counterfeit Trafficking on E-Commerce Platforms Through Fines and Civil Penalties.” This memorandum builds on his prior Jan. 31 executive order, discussed in...more
This post is the second in our ongoing series on the heightened focus in 2020 on combating the sale of counterfeit goods. Our first article focused on the actions of the executive branch, while this article discusses the...more
The Supreme Court has definitively answered the question of whether a plaintiff in a trademark infringement suit is required to show, as a precondition to a profits award, that a defendant willfully infringed the plaintiff’s...more
4/24/2020
/ § 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
Combating counterfeit goods has become a serious focus of the U.S. government in 2020. This article is the first in an ongoing series about the actions being taken in this fight and the implications for e-commerce platforms...more