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Non-Trademark: Punitive damages: Majority: Stevens: Because a jury's punitive damage award is "an expression of moral condemnation" rather than a finding of fact, circuit courts should review de novo district courts' determinations regarding the constitutionality of those awards. TrafFix Devices, Inc. v. Marketing Displays, Inc. 532 U.S. 23: ...
Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), was a United States Supreme Court case related to trademark law under the Lanham Act.In the 9–0 decision on judgement, the Court ruled that a plaintiff in a trademark infringement lawsuit is not required to demonstrate that the defendant willfully infringed on their trademark to claim lost profit damages.
A defense of fraud by the trademark owner can be raised at any time, and includes proving that: (1) the applicant made a false representation to USPTO; (2) the false representation is material to the registrability of a mark; (3) the applicant had knowledge of the falsity; and (4) the applicant made representation with the intent to deceive the ...
The criteria are often: aural, visual and conceptual similarity (often applied in trademark infringement cases). For the element of damage to goodwill, there may be a loss or diversion of trade or dilution of goodwill. The plaintiff need not prove actual or special damage; real and tangible probability of damage is sufficient. This damage ...
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
The circuit court in its opinion considered and rejected a Fourth Circuit case which held that proof of actual economic damages was necessary for a trademark dilution claim to prevail under the FTDA. [7] Because of the difference between the circuits on this issue, the Supreme Court granted certiorari to resolve the legal conflict.
The second provision of the Trademark Counterfeiting Act of 1984 deals with damages that may be recovered against users of counterfeit trademarks; treble profits or damages (damages awarded in an amount that is three times the amount for which the wrongdoer is found liable for), whichever is greater, and reasonable attorney fees. [3]
These provisions forbid the importation of goods that infringe registered trademarks, and restrict, through the use of injunctions and damages, the use of false descriptions and trademark dilution. § 43(a) ( 15 U.S.C. § 1125(a) ) is the "likelihood of confusion" standard for infringement of an unregistered trademark or trade dress, and courts ...