Sunday, November 06, 2005
10th Circuit decision on willfulness in a TM case
The 10th Circuit recently wrote an opinion concerning "willfulness" in trademark cases. Specifically, the issue was, what does a plaintiff need to show to survive partial summary judgment on the issue of whether the defendant's alleged infringement was willful? Here's the opinion in Western Diversified Services, Inc. v. Hyundai Motor America, Inc., No. 03-4248 (Nov. 1, 2005). Nothing earth-shattering, but might be useful if this issue ever comes up in one of your cases.