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Venable LLP | USA | 31 Jan 2011

The 8th Circuit clarifies its position on trademark damages, highlighting fractures among the federal circuits on monetary damages

In Masters v. UHS of Del. Inc., Appeal No. 09-3543 (8th Cir. January 6, 2011) (“Masters”), in contrast to at least one other appellate circuit, the Eighth Circuit held that actual confusion is not a prerequisite to an award of monetary damages under the Lanham Act.

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