Tag: trademark infringement

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Battle of the Bentleys: Bentley Motors loses trade mark appeal against Bentley Clothing
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Show me the money: Supreme Court rules that trademark infringers may disgorge profits even if the law was not willfully violated

Battle of the Bentleys: Bentley Motors loses trade mark appeal against Bentley Clothing

Luxury car manufacturer Bentley Motors has lost its appeal against a ruling which found it infringed the trade marks of a small, family company called Bentley Clothing. A full copy of the decision can be found here.

Following the ruling, Bentley Motors must stop using the trade mark BENTLEY and their combination sign – the B-in-Wings logo and the word BENTLEY (shown below) – on clothing.

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Show me the money: Supreme Court rules that trademark infringers may disgorge profits even if the law was not willfully violated

The U.S. Supreme Court confirmed that brand owners are not required to prove willful intent before obtaining a defendant’s lost profits. On April 23, 2020, the Supreme Court resolved a longstanding circuit split and unanimously held that trademark infringers may have to hand over their profits even if they did not willfully infringe.

In Romag Fasteners, Inc. v. Fossil Group, Inc., the Supreme Court was tasked with determining whether the rule that a plaintiff can win a profit remedy only after showing a defendant willfully infringed its trademark can be reconciled with the statute’s plain language. Ultimately, the Supreme Court sided with the plaintiffs, Romag Fasteners (Romag), holding that:

“[a] plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award.”

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