Photo: Ty Lim via Shutterstock The Evolution Begins In Six Circuits: Disgorgement Without Willfulness
A discussion of recent changes to damages law in trademarks and the likely implications on brand owners.
August 28, 2020 at 03:03 PM
7 minute read
Brand owners are increasingly waging battles to protect their source-identifying trademarks in the United States. According to research from CompuMark, 85% of brands experienced trademark infringement in 2019, which was up from 81% in 2018 and 74% in 2017. Three quarters of the respondents who experienced trademark infringement in 2019 filed lawsuits to enforce their rights. 40% of those who filed a trademark infringement lawsuit spent between $50,000 and $249,000 to resolve the matter. Many of those trademark holders spent much greater amounts in the litigation than they recovered.
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