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Trademark Litigation › Calculation of Damages › Lanham Act

Fenwick & West LLP

Ninth Circuit Prescribes New Hearing for Damages in AirDoctor Default Judgment

Fenwick & West LLP on

The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the...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

Dorsey & Whitney LLP

Romag v. Fossil: is “willfulness” the “principle of equity” or the “big kahuna,” or is this all “much ado about nothing”?

Dorsey & Whitney LLP on

The Supreme Court oral argument in the trademark case Romag v. Fossil provided an entertaining view of what some may consider a dry topic: legislative intent for damages awards in a trademark infringement case. Not to be...more

Proskauer - Advertising Law

Update on Oral Argument in Romag: Supreme Court Considers Whether Willfulness is Required to Disgorge a Defendant’s Profits under...

Proskauer - Advertising Law on

Last summer, we covered the Supreme Court’s decision to grant certiorari in Romag Fasteners v. Fossil in order to decide whether § 1117(a) of the Lanham Act requires that a plaintiff make a showing of willfulness in order to...more

McDermott Will & Schulte

Supreme Court to Consider Profit Disgorgement in Trademark Cases

McDermott Will & Schulte on

The Supreme Court of the United States granted writ of certiorari to consider the issue of profit disgorgement under 15 USC § 1117(a). Romag Fasteners, Inc. v. Fossil, Inc., et al., Case No. 18-1233 (S. Ct. June 28, 2019)....more

Womble Bond Dickinson

Supreme Court to Settle Standard for Obtaining Trademark Infringer’s Profits

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Trademark infringement plaintiffs have long argued that because actual damages in trademark infringement cases are often difficult to measure, receiving a cut of an infringer’s profits is in many cases the only meaningful...more

Snell & Wilmer

Supreme Court to Decide Two Trademark Cases

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The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without...more

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