No Jury For TM Claims Over Disgorged Profits, Says 11th Circ.

Law360 (April 23, 2019, 8:36 PM EDT) -- In a precedential decision, the Eleventh Circuit said Tuesday that cosmetics maker Hard Candy was not entitled to a jury trial on a trademark claim seeking disgorgement of profits, and it found no infringement in competitor Anastasia Beverly Hills' use of its name for a shade of makeup.

Addressing an issue of first impression, the appeals court dove deep into judicial history in its 36-page opinion as it examined whether a plaintiff seeking an accounting and disgorgement of profits under the federal Lanham Act has a right to a jury trial under the Seventh Amendment.

Ultimately, the panel rejected the argument...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!