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Webinar: The Delphic Oracle: The Supreme Court’s Enigmatic Decisions on Wrongful Profits and Foreign Activities (Abitron and Romag)

September 19 @ 12:00 pm 1:00 pm

1 Participatory MCLE Credits

Presented by the Trademark Interest Group

Twice in the past four years, the Supreme Court has delivered decisions on trademark monetary remedies.  In Romag, it held that willfulness is not required for an award of wrongful profits.  The 2023 Abitron decision reversed an award of damages by a foreign defendant, including sales occurring overseas but ultimately intended for the U.S. market.  Neither gave actionable guidance for future cases, and both raised new questions.  

If willfulness is not required for wrongful profits, how does the standard now differ from a damage award of lost profits? What limitations now, if any, restrict the court’s discretion in awarding profits?  If the Court rejected adverse, domestic effects as the basis for damages, what “indirect” foreign activities still provide a measure for damages?   

We will explore how the lower courts have addressed these challenges. 

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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.

We are committed to accessibility! Virtual events are equipped with closed captioning. To request an in-person accommodation, send us a note at or contact us at 916-516-1760 for assistance.


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