United States Tenth Circuit

In a claim for trademark infringement under the Lanham Act, 15 U.S.C. sections 1051-1127, the willfulness required to support an award of profits or attorneys' fees under the Lanham Act typically requires an intent to appropriate the goodwill of another's mark; the district court's ruling for partial summary judgment in favor of Defendant is reversed and remanded for further fact finding.

Appellate Information

• Decided 11/02/2005
• Published 11/02/2005

Judges

• EBEL, Circuit Judge., Before EBEL, McWILLIAMS, Circuit Judges, and FRIOT, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael J. Kelley, (K.S. Cornaby and Ryan M. Harris, with him on the briefs) Jones, Waldo, Holbrook & McDonough, P.C., Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Robert B. Golden, (Howard N. Aronson with him on the brief) Lackenbach Siegel LLP, Scarsdale, NY, for Defendant-Appellee.