The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
Supreme Court Miniseries: Zero Spoof Whiskey
Podcast - The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
The Briefing by the IP Law Blog: Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Podcast: The Briefing by the IP Law Blog - Did the Court Bag the MetaBirkin Case?
The Briefing by the IP Law Blog: Did the Court Bag the MetaBirkin Case?
Podcast: The Briefing by the IP Law Blog - Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs
The Briefing by the IP Law Blog: Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs
Podcast - The Briefing from the IP Law Blog: Jack in the Box Pops a Spring Over Mascot Trademark Dilution
The Briefing from the IP Law Blog: Jack in the Box Pops a Spring Over Mascot Trademark Dilution
Podcast: The Briefing by the IP Law Blog - Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
The Briefing by the IP Law Blog: Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
Podcast - The Briefing by the IP Law Blog: Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers
The Briefing by the IP Law Blog: Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers
JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law
JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 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
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
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
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
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
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
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
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
On April 23, 2020, the United States Supreme Court unanimously held that the Lanham Act does not require a showing of willful infringement to justify an award of defendant’s profits to the plaintiff. Romag Fasteners, Inc. v....more
In a recent unanimous decision in Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court brought some welcome clarity to the question of whether willfulness is required in order to recover an infringer’s profits under...more
On April 23, the US Supreme Court resolved a six-six circuit split over whether a defendant must have willfully infringed a trademark for a plaintiff to obtain as a remedy the infringer’s profits. In Romag Fasteners, Inc. v....more
Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more
In a decision some believe may generate more trademark infringement litigation, the U.S. Supreme Court recently ruled that a trademark owner does not have to prove a defendant acted willfully to receive a profits remedy in...more
On April 23, 2020, the United States Supreme Court's unanimous decision in Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), resolved a circuit court split by confirming that a plaintiff in a trademark infringement...more
White & Case Technology Newsflash - Willful infringement is no longer required for trademark owners to recover infringers' profits. In Romag Fasteners v. Fossil Group, the Supreme Court resolved a longstanding circuit...more
On April 23, 2020, Justice Neil Gorsuch delivered a unanimous opinion in Romag Fasteners, Inc. v. Fossil, Inc., clarifying that a Lanham Act provision does not require a plaintiff to prove that acts of infringement are...more
On April 21, 2020, the U.S. Supreme Court resolved a long-unsettled issue in trademark law, holding that Section 43(a) of the Lanham Act enables a trademark owner to recover the profits earned by an infringer without proving...more
In Romag Fasteners, Inc. v. Fossil Group, Inc., the Supreme Court held that a district court may award the plaintiff with the defendant’s profits even without a showing of willfulness for trademark infringement. However, the...more
Decision clarifies prior conflicting authority and holds that willfulness is not a prerequisite to recovering an infringer’s profits. Key Points: ..A finding of willfulness is not a prerequisite to a disgorgement of...more
The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more
Last week, the Supreme Court issued its decision in Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-1233,[1] in which it held that the plaintiff in a trademark infringement action need not prove that the defendant acted...more
Romag Fasteners, Inc. v. Fossil Grp., Inc., No. 18-1233 (April 23, 2020) - In a landmark decision issued by the Supreme Court of the United States of America in the matter of Romag Fasteners, Inc. v. Fossil Grp., Inc., No....more
On April 23, 2020, the Supreme Court resolved a decades-long circuit split as to whether recovery of an infringer’s profits under Section 35(a) of the Lanham Act requires showing willfulness and held that there is no strict...more
On April 23, 2020, the United States Supreme Court held in Romag Fasteners, Inc. v. Fossil Group, Inc., FKA Fossil, Inc., et al., that under the Lanham Act, a plaintiff is not required to show that a defendant willfully...more
The U.S. Supreme Court unanimously held in Romag Fasteners, Inc. v. Fossil Group, Inc., Case No. 18-1233, that a plaintiff in a trademark infringement suit is not required to show willfulness to recover a defendant's profits...more