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Intellectual Property Litigation Liability Appeals

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court: 'Defendant’s Profits' Are Limited to Named Defendants Under the Lanham Act

Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more

McDermott Will & Emery

What’s Shaking? Not an Interlocutory Appellate Decision on Damages

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more

McDermott Will & Emery

Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo,...more

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