The petition of the day is:
Issue: (1) Whether, under section 35 of the Lanham Act, willful infringement is a prerequisite for an award of infringer’s profits for a violation of section 43(a), which prohibits trademark infringement through false representations regarding the origin, endorsement, or association of goods through the use of another’s distinctive mark; and (2) whether and to what extent the defense of laches may bar an award for patent infringement brought within the Patent Act’s six-year statutory limitations period, 35 U.S.C. Section 286—the same issue the court granted for plenary review in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.
CLICK HERE FOR FULL VERSION OF THIS STORY