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Trademark Litigation › Jury Trial › Damages

Katten Muchin Rosenman LLP

Not So Fast...Online Retailer Wants New Trademark Trial Against Penn State

Katten Muchin Rosenman LLP on

In the ongoing trademark dispute between The Pennsylvania State University (Penn State) against online retailer Vintage Brand, LLC (Vintage), along with its manufacturer and distributor Sportswear Inc. d/b/a Prep Sportswear...more

Farella Braun + Martel LLP

Profits or Peers: Does Seeking an Accounting in Trademark Litigation Waive the Right to a Jury Trial?

Farella Braun + Martel LLP on

In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more

McDermott Will & Schulte

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

McDermott Will & Schulte 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

BakerHostetler

Trademark Infringement and Jury Trials in Federal Courts

BakerHostetler on

When plaintiffs assert trademark infringement and related actions under the Lanham Act (or state law counterparts), more often than not the complaint will include a demand for a jury trial on all issues so triable, as is...more

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