1. Home
  2. Browse Decisions
  3. F.3d
  4. 399 F.3d
  5. 399 F.3d 168 (2005)
 

BANJO BUDDIES, INC. v. RENOSKY

No. 03-2038, 03-2107.

399 F.3d 168 (2005)

BANJO BUDDIES, INC. v. Joseph F. RENOSKY, Appellant.

United States Court of Appeals, Third Circuit.

February 22, 2005.

Attorney(s) appearing for the Case

Wayne A. Kablack, (Argued), Simpson, Kablack & Bell, Indiana, John J. Richardson, C. James Zeszutek, Thorp, Reed & Armstrong, Pittsburgh, for Appellant/Cross Appellee.

Todd S. Holbrook, (Argued), Bernstein, Shur, Sawyer & Nelson, Portland, Mark A. Willard, Eckert, Seamans, Cherin & Mellott, Pittsburgh, for Appellee/Cross Appellant.

Before ROTH, AMBRO and CHERTOFF, Circuit Judges.

OPINION

ROTH, Circuit Judge.

This appeal requires us to decide whether a showing of willful infringement is a prerequisite to an accounting of a trademark infringer's profits for a violation of section 43(a) of the Lanham Act. We hold that wilfulness is an important equitable factor but not a prerequisite to such an award, noting that our contrary position in SecuraComm Consulting Inc. v. Securacom Inc., 166 F.3d 182

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases