WMS Gaming: A Key Ruling On Windfall Profits

Law360, New York (September 29, 2008, 12:00 AM EDT) -- In WMS Gaming Inc. v. WPC Gaming Productions Ltd., No. 07-3585, 2008 U.S. App. Lexis 198156 (7th Cir. Sep. 8, 2008), the Court of Appeals for the Seventh Circuit held that the prevailing plaintiff in an action brought under the Lanham Act could recover all of the defendant’s profits without having to distinguish between what portion of those profits are attributable to Lanham Act violations and what portion is not, when the willfully infringing defendant fails to offer evidence of its non-violative uses or costs incurred....
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