Trademark Claims Include Reasonable Royalty and Disgorgement of Profits
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
Bellagio Jewelry, Inc. v. Croton Watch Company, Inc.
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
Steve J. Rooney v. Skeet'r Beat'r of Southwest Florida, Inc., et al.
The Florida Court of Appeal, Second District reversed a lower court’s award of lost profits in this trademark infringement action because the lost profits calculation failed to consider factors other than the wrongful acts that may have lead to a decline ...
Accounting Expert’s Profits Analysis Must Provide a Detailed Discussion of the Fixed and Variable Expenses Attributable to the Infringing Product
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 ...
Banjo Buddies, Inc. v. Joseph T. Renosky
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 ...
Subsidiaries' Licensing of IP Rights to Parents Created Sufficient Taxing Nexus
These consolidated cases concerned state income taxes of two corporations that did no business in Maryland but were subsidiaries of parents that did do business there.
Comptroller v. SYL, Inc.
Issue is whether there is a sufficient nexus between the State of Maryland and each subsidiary corporation to impose Maryland income tax.
Fashion Boutique of Short Hills, Inc. v. Fendi USA, Inc., et al.
The U.S. Court of Appeals for the Second Circuit considered whether the lower court appropriately excluded expert testimony regarding the value of lost business in this Lanham Act matter because the opinion was based on a causal connection which was dispr ...
How to value lost profits and economic damages
This article describes the general approaches to the analysis of intellectual property (IP), such as trademarks, copyrights, patents, and trade secrets, for purposes of estimating lost profits and economic damages.
Damages for False Advertising Reversed
The 4th Circuit reversed the district court’s award of damages for Block’s violation of the Lanham Act. It found that the district court improperly calculated damages using gross profit rather than net profit.
JTH Tax, Inc. v. H & R Block Eastern Tax Services, Inc., et al.
The 4th Circuit reversed the district court’s award of damages for Block’s violation of the Lanham Act. It found that the district court improperly calculated damages using gross profit rather than net profit.
Oyster Software, Inc. v. Forms Processing, Inc., et al.
The U.S. District Court for the Northern District of California granted summary judgment on the issue of lost profits in this Internet trademark infringement case. Oyster’s expert reasoned that the decline in the number of hits to Oyster’s website during ...
Courts have great discretion in timing of Daubert determinations
At the American Bar Association Annual Meeting in New York, N.Y., from July 6-12, 2000, the Section of Litigation sponsored a seminar on business damages after Kumho Tire. This article is an excerpt from the written materials presented for that seminar.