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Venable LLP | USA | 11 Nov 2008

Trademark damages: District Court's assessment of "reasonableness" not relevant in award of defendant's profits; burden on accused infringer to establish costs and deductions

In WMS Gaming, Inc. v. WPC Gaming Prods., Ltd., 542 F.3d 601 (7th Cir. 2008), the Seventh Circuit Court of Appeals reversed a trademark damages ruling issued by the Northern District of Illinois, holding that the lower court had incorrectly assessed actual damages only, despite plaintiff’s request for, and entitlement to, an accounting of profits under Lanham Act Section 35(a), 15 U.S.C. 1117(a).

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