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Dyson entitled to revenue of defaulting trademark defendants, US appeals court says

By Melissa Ritti ( March 25, 2025, 15:59 GMT | Insight) -- A federal judge improperly reduced an award to Dyson for infringement of the “DYSON” trademark by e-tailers who defaulted in the litigation, the US Court of Appeals for the Seventh Circuit ruled yesterday. On remand, a federal judge in the Northern District of Illinois — where 73 percent of all “Schedule A” cases have been filed in the US since 2009 — must award the UK consumer electronics company the defendants’ gross sales. In so concluding, the appeals court said the onus is not on plaintiffs to “disentangle” the revenue and profits of defaulting counterfeiters and that even if such a rule results in a windfall, "that is a price worth paying."The gross sales of several e-commerce stores constitute profits for purposes of an award under Section 1117(a) of the Lanham Act, the US Court of Appeals for the Seventh Circuit said yesterday....

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