Actual consumer confusion irrelevant in trademark profits determination
Abstract: It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of conduct that gives rise to the level of “willful.” This article discusses a case from the U.S. Court of Appeals for the Second Circuit that provided some helpful guidance on this issue, as well as the evidence required to justify an award of the infringer’s profits. 4 Pillar Dynasty LLC v. New York & Co., Inc., No. 17-2398, July 5, 2019, 2d Cir.