First Circuit Adopts Preponderance of Evidence as Standard for Proving Willful Trademark Infringement | Practical Law
On July 3, 2012, in Fishman Transducers, Inc. v. Paul, the US Court of Appeals for the First Circuit ruled that the preponderance of evidence is the appropriate standard for proving willfulness in trademark infringement and false advertising cases under the Lanham Act. The court also affirmed the district court's denial of damages based on the defendants' profits where the violations were not willful and the plaintiff's and defendants' products were not directly competitive.