7th Circ. Defines Accounting Burden In Trademark Tiff

Law360, New York (September 9, 2008, 12:00 AM EDT) -- The Lanham Act allows a prevailing plaintiff in a trademark dispute to recover an infringing defendant's profits without having to prove what portion of those profits was gained from lawful business and what portion came from infringing uses of the plaintiff's trademark, the U.S. Court of Appeals for the Seventh Circuit ruled Monday in a suit between competing gaming companies.

The burden of proving that certain profits were gained legally, and should therefore be excluded from payment to the plaintiff, falls on the defendant, the court...
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