What's Happening?
The US Court of Appeals for the Fifth Circuit has overturned a $1.5 million trademark infringement award previously granted to Lewis Brisbois Bisgaard & Smith LLP. The firm had accused Michael Joseph Bitgood,
Susan C. Norman, and Bradley B. Beers of willfully infringing its trademark by registering the firm's name as a new business in Texas. While the district court found liability, the Fifth Circuit ruled that the statutory damages awarded under the Lanham Act were incorrect. This decision also affects the attorney fees awarded by the lower court, which have been remanded for reconsideration.
Why It's Important?
The reversal of the $1.5 million trademark award is significant as it impacts Lewis Brisbois Bisgaard & Smith LLP's ability to enforce its trademark rights and recover damages. This decision may set a precedent for how statutory damages are awarded in trademark infringement cases, influencing future litigation strategies for law firms and businesses. The ruling highlights the complexities involved in trademark law and the importance of accurately assessing damages. It also underscores the challenges firms face in protecting their intellectual property, which is crucial for maintaining brand integrity and competitive advantage.











