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Supreme Court reviews damages issue in trademark infringement case

The U.S. Supreme Court is about to hear arguments in a trademark infringement case that turns on whether the plaintiff, in order to obtain the infringer’s profits, has to show willful infringement by the defendant.

Court Nixes Royalty Calculation Relying on Unalike Prior Licenses

Court says prior licensing agreements undergirding expert’s hypothetical reasonable royalty have no bearing on what the parties would have negotiated for the trademark in dispute; court finds calculation too speculative to assist jury and excludes it.

Court Distinguishes Between Proving Fact of Damage and Amount

Court upholds lost profits award, noting at trial plaintiff established “the fact of damages” with the requisite certainty; defendant deprived plaintiff of learning about job applicants, some of whom plaintiff would have hired to perform additional work.

Whataburger grills Wonder Woman over logo

If next year's Wonder Woman pic is boffo, it will raise the stakes in the "friendly" talks going on between Whataburger and DC Comics over the superheroine's "stacked W" logo.

Court Nixes Royalty Calculation Relying on Unalike Prior Licenses

Court says prior licensing agreements undergirding expert’s hypothetical reasonable royalty have no bearing on what the parties would have negotiated for the trademark in dispute; court finds calculation too speculative to assist jury and excludes it.

Arctic Cat v. Sabertooth Motor Group

Court says prior licensing agreements undergirding expert’s hypothetical reasonable royalty have no bearing on what the parties would have negotiated for the ...

Court Distinguishes Between Proving Fact of Damage and Amount

Court upholds lost profits award, noting at trial plaintiff established “the fact of damages” with the requisite certainty; defendant deprived plaintiff of learning about job applicants, some of whom plaintiff would have hired to perform additional work.

Marten Transp., Ltd. v. Plattform Adver., Inc.

Court upholds lost profits award, noting at trial plaintiff established “the fact of damages” with the requisite certainty; defendant deprived plaintiff of learning about job applicants, some of whom plaintiff would have hired to perform additional work.

Trademark valuation of global banking brands

Trademark Damages Not Contingent on Established Royalty

District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...

ITT Corp. v. Xylem Group, LLC

District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...

News, Views and Muse

IP value is finally a boardroom discussion

News, Views and Muse

News, views and muse

Basile Baumann Prost Cole & Assoc. v. BBP & Assoc. LLC

Court strikes expert’s “lost asset value” theory of damages for trademark infringement because it relied entirely on the plaintiff’s allegations that it lost all of its goodwill value due to the defendants’ actions, without adequate proof.

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