Major brands such as Nike, Tiffany, Gucci and Lacoste have embraced the emerging market provided by blockchain based technologies such as NFTs and the metaverse. As these markets grow, so do instances of potential trademark infringement by entities and creators looking to carve out their niche in this new market and profit from their early […]
Damages Expert Blog: Let the Jury Select the Royalty Rate
| Posted in Blog | No commentIn this blog, we are discussing the United States Court of Appeals for the Federal Circuit’s March 2021 decision in the Bayer v. Baxalta case and the discretion is provided the jury in selection a reasonable royalty rate for damages calculations. The details of the case involve the Federal Circuit affirming the District Court’s […]
Centripetal Networks v. Cisco Systems
| Posted in Blog | No commentThe 22-day bench trial in the District Court for the Eastern District of Virginia concluded last week with a verdict in favor of Centripetal Networks for $1.9 billion in past damages and a running royalty of 10% for three years followed by a 5% royalty for an additional three years. The Centripetal Networks, Inc. v. […]
Romag v. Fossil: Resolving a Circuit Split on Willfulness and Profit Awards for Trademark Infringement
| Posted in Blog | No commentIn the midst of the COVID pandemic, the Supreme Court resolved an issue that was split evenly between the circuit courts. The issue before the Court was whether the Lanham Act, which is the federal statute governing trademarks, required a plaintiff to prove that the defendant had willfully infringed their trademark before the plaintiff could […]