Tag Archives: trademark infringement

U.S. Supreme Court – Willfulness Is Not a Prerequisite for a Profit Award for Trademark Infringement

In its unanimous April 23, 2020 opinion in Romag Fasteners v. Fossil, Inc., the Supreme Court made clear once and for all that a successful trademark plaintiff is not required to establish that the defendant’s infringement was willful to be entitled to an award of the infringer’s profits. In other words, profits may be disgorged for less than willful infringement of a trademark.

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Injunction for Trademark Infringement: Québec

In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part of its corporate name or trade name or as a trademark.  The test for an interlocutory injunction in Québec turns on whether the rights which the plaintiff invokes are clear, doubtful or non-existent.  If those rights are clear an injunction should be granted if serious harm would otherwise result.  If those rights are doubtful the court must also consider the balance of convenience.  This test is similar, although not identical, to the test used in the common law provinces where the courts must consider whether there is a serious issue to be tried, irreparable harm and the balance of conclusive irreparable harm. 

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Intellectual Property Update

Louboutin sees red: signature red sole shoes not protected against copyright and trade mark infringement

By Alexia Marinos of Gadens Lawyers, Sydney

Nowadays, it seems common to see women of all ages strutting around the city with red soled shoes.  For some people, seeing red soled shoes means nothing.  However,  the fashion savvy  will be quick to recognise  that the owner has probably paid a small fortune for their shoes, produced by exclusive French designer, Christian Louboutin.             read more

 

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