There was a problem adding this course to your account. Please try again in a few minutes. If the problem persists, you can contact our support department at (877) 880-1335.
Adding Registration, Please wait...
You must be logged in to perform this action.
Log in
Cancel
Open Season on Trademark Remedies: In the Wake of TMA Enactment and Romag
Intellectual Property Law; Trademark Interest Group
In 2020, the Supreme Court resolved a longstanding circuit split with its decision in Romag Fasteners v. Fossil Group. As a result, proof of willful infringement is no longer required for trademark owners to recover infringers' profits. The decision makes it easier for trademark owners to recover infringers' profits and increase the damages awards.
Moreover, the enactment of the Trademark Modernization Act took effect just prior to 2022. As a result, a rebuttable presumption of irreparable harm once again applies to any permanent injunction and preliminary injunction decision. How have these two events changed the landscape in trademark remedies? Has proof of actual damages been affected as well?
1 Participatory MCLE Credits
Customers Who Bought This Item Also Bought
(OnDemand) Latest Developments in Awarding Attorneys’ Fees Under Section 285
(OnDemand) Picking Your Peers: Jury Selection in State and Federal Court
(CLEtoGo (Podcasts)) 2019 Annual Litigation Summit: Managing High Stakes Litigation in Federal and State Courts
(OnDemand) 2019 IP Institute: Winning Together: A Conversation about Courageous Collaborations and Implicit Bias
(OnDemand) Shelter In Place Institute: Creative Strategies for Brand Protection/International Trademark Enforcement
(OnDemand) Shelter In Place Institute: Copyright Trolls & Ethics: A Case Study on Richard Liebowitz
(OnDemand) 45th Annual IP Institute: The Brave New World of AI-Enabled Technologies IP Protection & Ethics
(OnDemand) Free Your Mind: Identify & Eradicate Implicit Bias
(OnDemand) 45th Annual IP Institute: The Copyright Office Is on the Case Act
(OnDemand) Trademark Enforcement Over the Internet – Options and Challenges
(OnDemand) New Weapons Under the TMA: Expungement and Reexamination Proceedings
(OnDemand) 46th Annual IP Institute: Avoiding Ethical Wipeouts in IP Practice