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Webinar: The Supreme Court Speaks on Trademark Profits and Defense Preclusion: Is the Takeaway “Anything Goes”?

June 17, 2020 @ 12:00 pm 1:00 pm

This program offers 1 Participatory MCLE credits. You must register in advance to participate. 

Presented by the Trademark Interest Group

The Supreme Court held in Romag Fasteners Inc.v., v. Fossil Inc. that plaintiffs need not prove willfulness in order to obtain an award of wrongful profits. In Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc., the Supreme Court concluded that defendants could assert defenses not raised in a previous suit between the parties. But how far do these holdings reach? Does an award of profits now follow the same path as an award of damages? Are there any limits to raising new issues in a second trademark case between the same parties, whether it be a defense or some other issue?

Dana Brody-Brown is an experienced IP and brand management attorney with a special focus in the areas of trademark counseling and prosecution, including trademark audits, portfolio analysis and strategic counseling, selection and searching of trademarks, domestic and worldwide registration and enforcement, domain name issues, and licensing.

Dana handles trademark disputes, including domain name issues and opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent & Trademark Office. She has counseled a wide array of clients ranging from start-ups to well-known and established companies in varied industries including consumer electronics, semiconductors, software, medical devices, banking, fashion, and consumer products. She also has experience and a particular interest in the areas of advertising and marketing law and counsels clients regarding trademark and consumer issues raised by advertising and marketing.

Jonathan King is a partner at Newmeyer Dillion in Walnut Creek. He provides registration, licensing, and enforcement services in copyright and trademark law and has written extensively on these subjects.

Robert Payne has practiced trademark litigation for twenty-five years and is a frequent speaker on trademark remedies. He is the former Chair of the IP Section and former Chair of the Trademark Remedies Study Group of AIPLA.

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