Trademark Infringement, Summary Judgment, Damages

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

McDermott Will & Schulte on 5/15/2025

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

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

Vorys, Sater, Seymour and Pease LLP on 2/6/2025

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

The Nittany Lions Are the Champs … Trademark Champs - The Katten Kattwalk/Kattison Avenue | Issue 4

Katten Muchin Rosenman LLP on 1/30/2025

Many eyes were on the Nittany Lions this past year as sports pundits speculated The Pennsylvania State University (Penn State) would make it to the College Football National Championship. But those with an interest in...more

Remedies as Big as Your Bamba

McDermott Will & Schulte on 8/10/2023

Following the district court’s finding of trademark infringement on summary judgment, the US Court of Appeals for the Sixth Circuit affirmed the district court’s subsequent award of profits, costs and attorneys’ fees in favor...more

Third Circuit Orders Second Look at Delays and Disgorgement of Profits

McDermott Will & Schulte on 8/26/2021

In a long-running trademark dispute between two charitable organizations, the US Court of Appeals for the Third Circuit found that the appellee did not preserve its challenge to the district court’s denial of summary judgment...more

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Knobbe Martens on 8/18/2017

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more