Tag Archives: trademark infringement

SCOTUS Unanimously Holds Willfulness Is Not Required To Recover Trademark Profits

BY: Michael Kolcun | April 24, 2020

The Supreme Court has held a plaintiff can recover a defendant’s profits without having to prove willful trademark infringement. Romag Fasteners, Inc. v. Fossil, Inc. involves allegations of trademark infringement over handbag fasteners. While a jury agreed that Fossil infringed Romag’s trademark, it rejected the accusation that the infringement was willful. As a result, and … Continue reading

The Seventh Circuit Affirms a Pleading Error to the Tune of $5 Million

BY: Michael Kolcun | June 5, 2019

Despite winning a trademark infringement lawsuit, the Seventh Circuit held the plaintiff was not entitled to almost $5 million in additional damages because it incorrectly included the main defendant’s corporate divisions as separate parties. In Barrington Music Products, Inc. v. Music & Arts Center, et al., Barrington alleged Guitar Center infringed its “Vento” trademark by … Continue reading