43(B)log

SEPTEMBER 6, 2021

The district court entered a permanent injunction against defendants but denied disgorgement of profits, attorneys’ fees and costs. The panel, over two separate dissents, sends it back for reassessment of disgorgement, attorneys’ fees and costs (and still doesn’t publish the opinion). Is that true for false advertising plaintiffs?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

JIPL Online

NOVEMBER 1, 2021

Infringement penalties often require disgorgement of profits, which likely includes donations attributable to the production of the infringing work. [32] In the context of crowdfunding with unsophisticated investors, these limits would be especially important in preventing a disgorgement of donation funds. [36]. According to 17 U.S.C

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

43(B)log

JULY 20, 2023

Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. The court excluded the testimony of Dr. Parks, who had (as relevant) a Ph.D.

Government 52

Government Advertising Advertising Social Media 52

Copyright Lately

SEPTEMBER 26, 2022

She will testify on topics including the role tattoos play in an individual’s self-expression, as well as the customs and practices within the tattoo industry between tattoo artists and their clients about how tattoos can be used after they’re inked. Nina Jablonski , a professor of anthropology at Pennsylvania State University.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Remedies for Trade Secret Misappropriation: Disgorgement. million in disgorgement to AMS Sensors USA Inc. million in disgorgement to AMS Sensors USA Inc. There have been some noteworthy recent decisions in trade secrets law.

Law 59

Law Confidentiality Designs Design 59

43(B)log

FEBRUARY 24, 2021

Quality King raised prices for Clorox etc several times and was forced to disgorge profits + penalty; 3M has also been active against mask resellers (or counterfeiters). Privacy is also a hot topic: CCPA in California is now effective [or as Eric Goldman might say, it’s in effect]. Even Purell received a warning letter.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. District Court for the Western District of Texas used a liquidated damages clause to determine the damages in that case, a far easier mechanism for determining damages than a traditional lost profits or disgorgement model.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52