U.S. Supreme Court,
Intellectual Property
Apr. 24, 2020
US high court settles trademark profits award question
While a trademark defendant’s mental state “is a highly important consideration in determining whether an award of profits is appropriate,” it is also not an inflexible condition, Justice Neil M. Gorsuch wrote in Thursday’s published opinion.
The U.S. Supreme Court settled a split between circuit courts Thursday when it unanimously ruled plaintiffs can secure a profits award even if they can't show the defendant they're suing willfully infringed their trademark.
While a trademark defendant's mental state "is a highly important consideration in determining whether an award of profits is appropriate," it is also not an inflexible condition, Justice Neil M. Gorsuch wrote. J...
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