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Trademark Infringement › Calculation of Damages › Disgorgement

Goodwin

Supreme Court Curtails Disgorgement in Trademark Infringement Case

Goodwin on

On February 26, 2025, the US Supreme Court issued a unanimous decision limiting the scope of an award of the “defendant’s profits” in trademark infringement suits under the Lanham Act, 15 U.S.C. §1117(a), to only those...more

Proskauer Rose LLP

Supreme Court Holds that Willfulness is Not Required for Disgorgement of Profits Under the Lanham Act

Proskauer Rose LLP on

Under Section 1117(a) of the Trademark Act, courts may award the plaintiff's lost profits or the defendant's profits resulting from a violation of the statute. The Supreme Court decided today that while a defendant's mental...more

Proskauer - Advertising Law

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

Proskauer - Advertising Law on

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

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