For some time there has been a split among the Federal circuits as to whether evidence of willfulness is required in order to award disgorgement of profits for trademark infringement under Section 1125(a) of the Lanham Act. The split stems from how each Federal circuit interprets Section 1117(a) of the Lanham Act which was amended… Continue Reading
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The Intellectual Property Law Blog provides insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing and promotions, and sweepstakes. The blog’s objective is to serve as a forum to discuss IP strategies that provide protection to a business’ or persons’ intangible assets. The blog is for informational purposes only and does not constitute legal advice.