The State Of Infringement Damages In The 3rd Circ.

Law360, New York (January 15, 2009, 12:00 AM EST) -- Although the Lanham Act has been in existence for over 60 years, a plaintiff’s right to monetary relief under the act is an issue which is still very much unsettled.

During the early years of the Lanham Act, accountings were only ordered if the parties were in direct competition with one another and there was evidence of willful infringement. In recent years, however, this dual requirement has been relaxed by certain courts.

In particular, many courts no longer require direct competition as a prerequisite to an...
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