IPLAW360 QUOTES LAUREN EMERSON

Lauren Emerson was quoted in IPLaw360’s three-part series on the biggest open questions in trademark law. See

https://www.law360.com/articles/960262/the-biggest-open-questions-in-trademark-law-part-3. The open question at issue is whether a trademark owner must prove that an infringer acted willfully to win an award of profits. According to Lauren, “[w]hile some courts have held that a finding of willfulness is a prerequisite, many consider it merely a relevant factor to be considered in balancing the equities.” Adding to the gravity of the uncertainty over willfulness is the importance that profits play in trademark litigation. “Given the difficulty many plaintiffs have in establishing actual financial damage in trademark cases, the potential ability to go after an infringer’s profits is significant,” she said.