Trademark Infringement Remedies: Protecting IP Rights and Overcoming Challenges
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide guidance to IP counsel on the monetary and non-monetary remedies available for trademark infringement. The speaker will address navigating through inconsistent court rulings on trademark infringement remedies.
- Court treatment of remedies
- Non-monetary relief
- Changes brought by Trademark Modernization Act
- Preliminary injunctions
- Permanent injunctions
- Monetary relief -- hurdles and opportunities
- Actual damages
- Wrongful profits
- Royalties -- a rarely used remedy
- Where are we, now that there is "no" willfulness requirement?
- Challenges of enhanced damages and attorneys' fees
- Other remedies
The panelist will review these and other key issues:
- How has the Trademark Modernization Act changed the scene?
- Willfullness is no longer required for wrongful profits. Where do we go from here on monetary remedies?
- Is an award of a royalty an alternative to actual damages and wrongful profits?
- How do these changes affect cease and desist negotiations?
Robert W. Payne, Esq.
Payne IP Law
Mr. Payne is the owner of Payne IP Law, located in the heart of Silicon Valley. With over 20 years’ experience,... | Read More
Mr. Payne is the owner of Payne IP Law, located in the heart of Silicon Valley. With over 20 years’ experience, he practices trademark, patent and other intellectual property litigation and dispute resolution. Mr. Payne is former Chair of the California Bar’s IP Section Executive Committee and former Chair of the AIPLA’s Patent Litigation Committee. He has authored over 50 trademark and patent articles in various publications and is a frequent presenter on IP topics.Close