In Playnation Play Systems, Inc. v. Velex Corporation, d.b.a. Gorilla Gym, Case No. 17-15226 (11th Cir. 2019) (Full opinion available here), the Court affirmed the lower court’s finding of infringement and cancellation of Velex’s mark, but vacated and remanded the award of … [Read more...] about A Trademark Registration Is Not Always A Guarantee of Protection
Lower Attorneys Fees Proper Against Defaulted Parties When No Willfulness Proven
The Court of Appeals for the Eighth Circuit upheld the district court’s decision denying plaintiff’s attorneys fees against a defendant in default because (a) the Federal Trademark Act, the Lanham Act, 15 U. S.C. § 1051, et seq, is grounded in equity; (b) plaintiff did not prove … [Read more...] about Lower Attorneys Fees Proper Against Defaulted Parties When No Willfulness Proven
Laches Not A Defense If Patent Infringement Occurs Within Six Years
The U.S. Supreme Court held that laches cannot be invoked as a defense against a claim for patent infringement damages brought within the 6-year damages limitation period specified in the Patent Act, 35 U.S.C.§286. The Supreme Court extended its holding in copyright law … [Read more...] about Laches Not A Defense If Patent Infringement Occurs Within Six Years
Fed Cir: Limelight Liable for Divided Infringement
With multiple round-trips to the Court of Appeals for the Federal Circuit and the Supreme Court, the Federal Circuit issued an en banc reversal of the district court’s JMOL on the divided infringement issue with instructions to re-institute the jury’s original verdict finding … [Read more...] about Fed Cir: Limelight Liable for Divided Infringement
Can Trademark Damages of Profits be Trebled?
The Fourth Circuit Court of Appeals held that when plaintiff seeks only defendant’s profits, the district court can increase the award only when, and to the extent, it deems the award to be inadequate to compensate plaintiff for defendant’s profits. Treble damages, which are … [Read more...] about Can Trademark Damages of Profits be Trebled?
Copyright Plaintiffs Recovery Limited To Three Years – U.S. Supreme Court
The U.S. Supreme Court has capped all copyright infringement damages by limiting those damages to a three year period prior to the filing of suit. Petrella v. Metro-Goldwyn-Mayer, Inc., case no. 12-1315 (May 19, 2014) (available here). Moreover, the doctrine of estoppel may bar … [Read more...] about Copyright Plaintiffs Recovery Limited To Three Years – U.S. Supreme Court
