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Webinar Replay: Open Season on Trademark Remedies: In the Wake of TMA Enactment and Romag
January 17 @ 12:00 pm – 1:00 pm
1 Participatory MCLE credit
Presented by the 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?
Speakers: Robert Payne and Patrick Coyne
Robert Payne is an experienced intellectual property litigator and founder of Payne IP Law in San Jose. He has been lead chair in over 100 trademark litigation and opposition matters. Robert clerked for Justice Allan Shepard of the Supreme Court of Idaho. Payne is a former Chair of the Executive Committee of the California Bar’s Intellectual Property Section and current Chair of the Trademark Interest Group of the Section.
Patrick Coyne is an experienced trial and appellate attorney at Finnegan, based in Washington, D.C. His practice includes patent, trademark, copyright, and related antitrust and unfair competition litigation. Patrick has argued more than 100 cases in state and federal trial and appellate courts, including the U.S. Supreme Court. Patrick served as a law clerk and technical advisor to Circuit Judge Edward S. Smith of the U.S. Court of Appeals for the Federal Circuit. He currently serves as president of AIPLA and formerly was president of the Federal Circuit Bar Association.