Lost Profits or Disgorgement?

By Chunmeng Yang on August 16, 2021 Posted in Intellectual Property, Trademark

In trademark infringement cases involving competitors, the plaintiff typically seeks damages in the form of lost profits once infringement has been proven. The purpose of “lost profits” is to compensate the plaintiff for its losses. In contrast, disgorgement requires a defendant to give up all profits it has made as a result of illegal or … Continue Reading

USPTO Waives Petition to Revive Fees for Patents, Patent Applications, Trademarks and Trademark Applications Abandoned Because of an Inability to Respond Due to COVID-19

By Fabian Koenigbauer on March 17, 2020 Posted in Patents, Trademark, USPTO

To give patent and trademark applicants as well as patent and trademark owners relief from the implications of the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) determined that the COVID-19 outbreak qualifies as an “extraordinary situation” and exercised its authority to waive certain petition fees. For patent owners and applicants unable to … Continue Reading

What Does Brexit Mean for Your European Union Trademarks?

By Deborah A. Wilcox on January 31, 2020 Posted in Trademark

The United Kingdom withdraws from the European Union today. The implementation period runs for the next 11 months, through Dec. 31. During this time, European Union trademark filings (“EUTMs”) will continue in full force in the U.K. Unless the time is extended, beginning Jan. 1, 2021, EUTMs that have already registered will automatically be granted protection in … Continue Reading