- ABA files Amicus Brief in Romag v. Fossil.
On September 19, 2019, the ABA filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233, concerning whether, under Section 35(a) of the Lanham Act, willful infringement of a trademark is a prerequisite to be awarded an infringer’s profits. There is a fundamental split among the regional circuit courts on this issue, with six circuit courts allowing an award of profits without requiring proof of willfulness, while the other six circuits (including the Second Circuit, whose law was applied by the Federal Circuit in this case) requiring proof of willful infringement as a prerequisite to any profits award.
The ABA’s brief was based on ABA policy adopted in 2017, based on the Section of Intellectual Property Law's report and recommendation, which favors taking willfulness into account as among the equitable considerations. The brief argued, among other things, that the ABA policy comports with the controlling statutory text and with the Lanham Act’s purposes, while still providing trial judges broad discretion to weigh the equities of each case.
The ABA’s brief was drafted by Travis Wimberly and Giuilio Yaquinto of Pirkey Barber PLLC in Austin, Texas.
- ABA Amicus Brief in Laura Peter, Deputy Director, United States Patent and Trademark Office, v. Nantkwest - No. 18-801, United States Supreme Court - July 22, 2019
- ABA Amicus Brief in Fourth Estate Public Benefit Corp. v. Wall Street.com and Jerrold D. Burden, No. 17-571, United States Supreme Court.
– September 4, 2018
- ABA Amicus Brief in Nantkwest, Inc. v. Matal, 2016-1794, Federal Circuit.
- January 23, 2018
- ABA Amicus Brief in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, United States Supreme Court.
- February 6, 2017.
- ABA Amicus Brief in Lee v. Tam, No. 15-1293, United States Supreme Court.
- November 16, 2016.
- ABA Amicus Brief in SCA Hygiene Products Aktiebolog and SCA Personal Care Inc. v. First Quality Baby Products, LLC, First Quality Hygenic, Inc., First Quality Products, Inc., and First Quality Retail Services, LLC, No. 15-927, United States Supreme Court.
- July 22, 2016.
- Comments to the Federal Circuit on Proposed amendments to the Rules of Procedure
- December 23, 2015.
- ABA Amicus Brief in Teva Pharmaceuticals USA, Inc., et al. v. Sandoz Inc., et al., No. 13-854, United States Supreme Court
- June 20, 2014.
- ABA Amicus Brief in Nautilus, Inc. v. Brosig Instruments, Inc., United States Supreme Court No. 13-369
- March 3, 2014
- ABA Amicus Brief in Limelight Networks, Inc. v. Akamai Technologies, Inc. and the Massachusetts Institute of Technology, United States Supreme Court No. 12-786
- March 3, 2014