Lindy Pen Company, Inc. Blackfeet Plastics, Inc., Cross-Appellees v. Bic Pen Corporation, Cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Lanham Act damages for infringement are \subject to equitable principles.\
• noting that plaintiff bears burden of establishing gross profits from infringing activity with reasonable certainty
• stating that an accounting of profits will be granted only in light of equitable considerations
• explaining that courts “generally apply forceful labels such as ‘deliberate,’ ‘false,’ ‘misleading,’ or ‘fraudulent’ to conduct” that constitutes “willful infringement”
• noting that when proving lost profits is too difficult “a court may award damages based on defendant’s profits on the theory of unjust enrichment.”
• affirming district court’s denial of attorney fees where infringement not intentional and nothing else made case exceptional

Source: CourtListener parenthetical corpus (CC0).