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Jury Trial › Statutory Damages

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

McDermott Will & Emery on

Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

McDermott Will & Emery

No Jury Trial for Trademark Infringement Claims

McDermott Will & Emery on

In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more

Jaburg Wilk

Protect Your Copyrighted Works and Avoid Liability for your Website

Jaburg Wilk on

On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the...more

Allen Matkins

Why The Right To A Jury Trial May Depend On The Year

Allen Matkins on

Yesterday's post discussed the Court of Appeal's holding in Nationwide Biweekly Administration, Inc. v. Superior Court, 2018 Cal. App. LEXIS 541, that a defendant in a civil proceeding by the Department of Business Oversight...more

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