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Damages › Trademarks › Corporate Counsel

Clark Hill PLC

9th Circuit panel upholds geographical limitation on trademark infringement damages as to U.S.-made products marketed and sold...

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The Lanham Act is a collection of federal statutes that allows trademark owners the right to sue and recover damages from those who infringe their trademark by marketing and selling similar products under a brand name that...more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

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In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

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In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Neal, Gerber & Eisenberg LLP

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

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On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with...more

Weintraub Tobin

Supreme Court Decision Will Have Huge Economic Impact On Trademark Infringement Damages

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The Supreme Court has agreed to resolve a circuit split over when a court can order the payment of an infringer’s profits to a successful plaintiff as a measure of damages. The matter comes to the Supreme Court as an appeal...more

Foley & Lardner LLP

Supreme Court May Give Brand Owners an Easier Path to Trademark Damages

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In a case that may have a major impact on trademark litigation across the country, the Supreme Court decided on June 28, 2019 to grant certiorari in Romag Fasteners, Inc., v. Fossil, Inc., et al., in which Romag has asked the...more

Proskauer - Advertising Law

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

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On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

Foley Hoag LLP - Making Your Mark

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Foley Hoag LLP - Making Your Mark on

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Robins Kaplan LLP

The Seventh Circuit Affirms a Pleading Error to the Tune of $5 Million

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Despite winning a trademark infringement lawsuit, the Seventh Circuit held the plaintiff was not entitled to almost $5 million in additional damages because it incorrectly included the main defendant’s corporate divisions as...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

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A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

UB Greensfelder LLP

Walmart Burned by the Jury in Trademark Infringement Suit

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Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

Jones Day

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

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The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S....more

Dorsey & Whitney LLP

Federal Court Travels “Wayback” and Takes Judicial Notice of Internet Archive

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Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when considering whether to take legal action against a third party for the unauthorized...more

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