Howard Hogan Connor Sullivan
June 26, 2020 | National Law Journal
Should the Law Treat Profit Awards Differently in Trademark Infringement and Dilution Cases?In "Romag Fasteners v. Fossil Group," the Supreme Court stressed that bad faith remains an important factor in determining whether to award profits in infringement cases, and willfulness remains a requirement in dilution cases. It is clear that there are theoretical reasons to explain why willfulness is treated as a threshold requirement in one and not the other.
By Howard Hogan, Connor Sullivan, and Sheri Pan
6 minute read
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