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Thomson Reuters Westlaw Journal Intellectual Property

Supreme Court's New Profits Awards Standard Unlikely to Affect Trademark Litigation Strategy

Thomson Reuters Westlaw Journal Intellectual Property

Republished with permission, originally appeared in Thomson Reuters Westlaw Journal Intellectual Property on May 6, 2020.

In Romag Fasteners Inc. v. Fossil Inc., No. 18-1233, 2020 WL 1942012 (U.S. Apr. 23, 2020), the U.S. Supreme Court held that, in a trademark infringement suit, a finding of willful infringement is not a prerequisite to an award of the infringer’s profits, pursuant to Section 35(a) of the Lanham Act, 15 U.S.C.A. § 1117(a). This article considers how to use nonjudicial settlement agreements in connection with trust administration, estate planning, and related disputes.

Andrea Anderson is a partner in Holland & Hart’s intellectual property group in Boulder, Colorado. She provides strategic counsel to large brands worldwide and assists clients with all aspects of brand creation and protection.

Please click here to read the full article: Supreme Court’s new profits awards standard unlikely to affect trademark litigation strategy.


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