Publications

Mark Rosenberg Co-authored Article on U.S. Supreme Court's Rejection of Willfulness as the Standard for Defendant’s Profits in Trademark Infringement Cases

November 19, 2020

Intellectual Property Partner and Reputation Management Co-Chair Mark Rosenberg co-authored the article, "Supreme Court Weighs in on Profit Disgorgement in Trademark Cases," featured in the Fall 2020 edition of the New York State Bar Association's Intellectual Property publication, Bright Ideas.

The article discusses the U.S. Supreme Court's decision rejecting the standard in some Circuits that required a finding of willfulness is in order to obtain a defendant's profits as damages in a trademark infringement case. The authors note that the elimination of the willfulness requirement will impact the ways in which the parties to a trademark infringement action litigate the case and approach settlement.

Read the article here.

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Rosenberg, Mark J. Partner and Chair of Reputation Management Practice Partner and Chair of Reputation Management Practice 212.216.1127 VCard

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