News & Analysis as of

Disgorgement Damages

McDermott Will & Emery

Don’t Share Trade Secrets With Your Fiancé: A Cautionary Tale

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The US Court of Appeals for the First Circuit largely affirmed a multimillion-dollar award against a temp agency for misappropriation of trade secrets and unjust enrichment due to its employee’s act of obtaining proprietary...more

Amundsen Davis LLC

Supreme Court to Consider Corporate Separateness in Calculating Trademark Infringement Damages

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The United States Supreme Court is set to take on a trademark infringement case that may have a lasting impact on the concept of corporate separateness. In Dewberry Group, Inc. v. Dewberry Engineers Inc., the Supreme Court...more

Schwabe, Williamson & Wyatt PC

Court Orders BNSF to Pay $400 Million to the Swinomish Tribe for Right-of-Way Violation ‎

A monumental victory for the Swinomish Indian Tribe was announced this spring when a judge in the Western District of Washington ordered BNSF Railway Company to pay nearly $400 million in profits damages to the Swinomish...more

McDermott Will & Emery

Robbing Peter to Pay Paul? Supreme Court to Consider Scope of Lanham Act “Defendant’s Profit” Award

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The Supreme Court has agreed to consider the breadth of a damages award in a long-running trademark dispute between two real estate companies. Dewberry Group, Inc. v. Dewberry Engineers, Inc., Docket No. 23-900 (Supr. Ct....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patents vs. Utility Patents: A Unique Advantage in Litigation

Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. While design patent owners may still pursue the traditional remedies...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute

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Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

Cozen O'Connor

NY AG Files Another Lawsuit in Cryptocurrency Crackdown, Alleging Illegal Ponzi Scheme

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New York AG Letitia James has filed a lawsuit against cryptocurrency companies Nova Tech, Ltd and AWS Mining Pty Ltd., along with their founders and promoters, alleging that the companies operated illegal pyramid and Ponzi...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

McDermott Will & Emery

Gentlemen, Start Your Engines: Even Bland Works Support Copyright

The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more

BakerHostetler

How Did the FTC Get $16 Million in a Recent FTC Act Privacy Case?

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Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly. A recent case from the Federal Trade Commission is an important reminder about the privacy and...more

Cozen O'Connor

Hawaii Sues 25 “Forever Chemical” Manufacturers

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Hawaii AG Anne E. Lopez filed a lawsuit against 25 manufacturers of aqueous firefighting foam (AFFF) products containing per- and polyfluoroalkyl substances (PFAS), alleging that for decades the companies violated state...more

Axinn, Veltrop & Harkrider LLP

A Mirage or An Oasis? Avoided R&D Costs Under The DTSA

The U.S. Supreme Court recently denied a trade secret owner's petition for certiorari in Trizetto Group, Inc. v. Syntel Sterling Best Shores Mauritius Limited. This leaves unresolved a question of when a wrongdoer's avoided...more

Fox Rothschild LLP

Judge Noreika Denies Plaintiffs and Defendants’ Respective Motions For Summary Judgment On Infringement/Non-Infringement In...

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By Memorandum Order entered by the Honorable Maryellen Noreika in Apex Clearing Corp. v. Axos Financial Inc. et al., Civil Action No. 19-2066-MN (D.Del. September 24, 2021), the Court (1) denied Plaintiff Apex Clearing...more

McDermott Will & Emery

Third Circuit Orders Second Look at Delays and Disgorgement of Profits

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In a long-running trademark dispute between two charitable organizations, the US Court of Appeals for the Third Circuit found that the appellee did not preserve its challenge to the district court’s denial of summary judgment...more

Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

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The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

ArentFox Schiff

Class-Action Filed Against Anheuser-Busch Alleges ‘Rita’ Malt Beverage Products Mislead Consumers

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A new class-action lawsuit alleges that packaging for Anheuser-Busch’s “Rita” beverage products deceives consumers by implying that the products contain wine or distilled spirits when in fact they are flavored malt beverage...more

Greenberg Glusker LLP

Supreme Court Unanimously Holds that Willfulness is Not a Prerequisite for an Award Disgorging Trademark Infringer’s Profits

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On April 23, 2020, the United States Supreme Court unanimously held that the Lanham Act does not require a showing of willful infringement to justify an award of defendant’s profits to the plaintiff. Romag Fasteners, Inc. v....more

Ballard Spahr LLP

CFPB files lawsuit against companies and individuals involved in offering student debt relief services

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The CFPB filed a complaint last week in a California federal district court against several companies and individuals involved in offering student loan debt relief services for allegedly obtaining consumer reports unlawfully,...more

Holland & Knight LLP

“Head Start” Damages Affirmed Against Employee Who Started Competitor in China

Holland & Knight LLP on

An often sought remedy in trade secret cases is unjust enrichment, which DTSA and several uniform state trade secret acts permit plaintiffs to seek for the unlawful benefit received by defendants "that is not addressed in...more

Foley & Lardner LLP

Supreme Court May Give Brand Owners an Easier Path to Trademark Damages

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In a case that may have a major impact on trademark litigation across the country, the Supreme Court decided on June 28, 2019 to grant certiorari in Romag Fasteners, Inc., v. Fossil, Inc., et al., in which Romag has asked the...more

Proskauer - Advertising Law

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

UB Greensfelder LLP

Walmart Burned by the Jury in Trademark Infringement Suit

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Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

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Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

Winstead PC

Court Rules On Lost Profits, Lost Good Will, Disgorgement, and Forfeiture Remedies Against A Former Employee For Breach of...

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In Samuel D. Orbison & Am. Piping Inspection v. Ma-Tex Rope Co., a jury found that a former employee breached fiduciary duties by working for a competitor while being employed by the plaintiff. No. 06-17-00112-CV, 2018 Tex....more

Knobbe Martens

Texas Advanced Optoelectronic (“TAO”) v. Renesas Electronics America (“Intersil”)

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Federal Circuit Summaries - Before Dyk, Bryson, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: A plaintiff has no 7th Amendment right to a jury trial for a claim...more

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