Kevin Wallace

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A Finding of Willfulness Is Not Required for an Award of Profits in a Trademark Infringement Case

The Supreme Court has definitively answered the question of whether a plaintiff in a trademark infringement suit is required to show, as a precondition to a profits award, that a defendant willfully infringed the plaintiff’s trademark. By a unanimous vote, the Supreme Court said NO. In Romag Fasteners, Inc. v. Fossil Group, Inc., Romag, a … Continue Reading

3M Joins the Fight Against Rampant Price Gouging

Private enterprise has joined state and local governments in the fight against rampant price gouging during the COVID-19 pandemic. In response to the pandemic, state and local governments across the country have declared states of emergencies, triggering laws prohibiting price gouging. Consumers are not the only targets of price gouging; state and local government procurement … Continue Reading

US Government Cracks Down on Counterfeits in 2020

Combating counterfeit goods has become a serious focus of the U.S. government in 2020. This article is the first in an ongoing series about the actions being taken in this fight and the implications for e-commerce platforms and companies seeking to protect their brands from the threat of counterfeit goods. The U.S. Department of Homeland … Continue Reading
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