The U.S. Court of Appeals for the Second Circuit issued a decision in an appeal from the U.S. District Court for the Southern District of New York last Thursday that in part clarified that “a plaintiff prosecuting a trademark infringement claim need not in every case demonstrate actual consumer confusion to be entitled to an award of an infringer’s profits.” The Second Circuit court also remanded the case back to the District Court to apply the Octane Fitness standard for determining “exceptional” cases under the Lanham Act.
Recent Posts
- Will the Federal Circuit Finally Follow Supreme Court Holdings on the Unavailability of the Laches Defense?
- CAFC Upholds Win for Janssen on Patent for Antipsychotic Med Dosing Regimen
- IP Innovators – From Patent Office to Managing Partner: Chris Agrawal’s Journey
- In Sonos v. Google, the Federal Circuit Has a Chance to Fix Its Prosecution Laches Doctrine
- Perspectives on the PTAB’s 70% All Claims Invalidation Rate