15
Jun/05

Petition For Cert Re: Whether Willfulness Is Prerequisite For Award Of Profits


Petition for cert in Contessa Premium Foods v. Berdex Seafood, via Scotus Blog.

Questions presented: (1) Whether willfulness is a prerequisite for an award of profits for violations of Section 43(a) of the Lanham Act; (2) whether the case should be remanded for reconsideration after Grokster is decided.

UPDATE: A reader alerts me to the fact that cert was denied on this issue two years ago in a Fifth Circuit case, Quick Technologies, Inc. v. Sage Group plc.

Comments are closed.