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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
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At Long Last, Supreme Court Resolves Circuit Split Over Lanham Act Profits
By Mary Hallerman The Supreme Court unanimously held that willfulness is not prerequisite to an award of a defendant’s profits under the Lanham Act. The decision in Romag Fasteners, Inc. v. Fossil Group resolved a longstanding circuit split on this issue, but given the swift manner the Supreme Court dealt with the issue, one wonders why courts were even split in the first place. The Lanham Act provides that a prevailing plaintiff is entitled to recover a defendant’s profits “subject to the principles of equity.” See 15 U.S.C. § 1117(a). Certain circuits—the Third, Fourth, Fifth, Sixth, Seventh, and Eleventh—considered willfulness Read More »
Posted in Trademark Litigation
| Tagged lost profits, Supreme Court, willfulness
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