is a litigation associate at Fenwick & West. Shannon focuses her practice on litigation matters to support clients in the technology space. She regularly represents companies in both federal and state courts, with particular focus on complex commercial disputes, intellectual property, and securities litigation. Her work involves all aspects of litigation. Prior to joining Fenwick, Shannon was an associate in the litigation group of a leading international law firm.
For more information or to contact Shannon, please visit her Firm Profile Page.
As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe for Supreme Court review… The Stone Creek decision solidifies the Ninth Circuit’s position that willfulness is required for a recovery of profits in trademark cases. This approach is consistent with equitable principles because disgorgement is generally used to deter culpable behavior and deterrence would not be necessary, and would not work, for an innocent infringer. Depending on the facts of a case, trademark law provides sufficient remedies to prevent a likelihood of confusion and compensate a plaintiff for its losses—beyond a defendant’s profits—like an injunction, actual damages and/or corrective advertising. An award of profits can be reserved for willful infringers, without depriving a plaintiff of remedies for non-willful infringement.