Accounting Expert’s Profits Analysis Must Provide a Detailed Discussion of the Fixed and Variable Expenses Attributable to the Infringing Product

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Legal and Court Case Update
February 22, 2005

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5091 Sporting and Recreational Goods and Supplies
339920 Sporting and Athletic Goods Manufacturing
intellectual property
breach of fiduciary duty, trademark
Banjo Buddies, Inc. v. Joseph T. Renosky
399 F.3d 168
US
Federal Court
3rd Circuit
United States Court of Appeals
C. James Zeszutek, John J. Richardson, Mark A. Willard, Todd S. Holbrook, Wayne A. Kablack
Roth

Summary

The U.S. Court of Appeals, Third Circuit determined that while willfulness was a factor to be considered, a finding of willfulness was not required before an accounting of an infringer’s profits could be ordered for violation of section 43(a) of the Lanham Act ...

See Also

Banjo Buddies, Inc. v. Joseph T. Renosky

Full Text of Court Cases
February 22, 2005

The U.S. Court of Appeals, Third Circuit determined that while willfulness was a factor to be considered, a finding of willfulness was not required before an accounting of an infringer’s profits could be ordered for violation of section 43(a) of the Latha ...

This article also appears in:
The Comprehensive Guide to Economic Damages, Seventh Edition