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Fourth Circuit affirms that disgorgement of profits is an appropriate remedy for breach of contract

Addressing the breach of a confidential settlement agreement, the Fourth Circuit upheld a district court’s summary judgment rulings in a real estate trademark dispute, agreeing on all six likelihood-of-confusion factors.

Breach of Contract, Trademark Infringement Disgorgement

Breach of Contract, Trademark Infringement Disgorgement
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Bad Faith Leads Fourth Circuit to Affirm Disgorgement and Attorneys Fees

The Fourth Circuit upheld all of the equitable remedies and damages awarded by the district court, including disgorgement of profits and attorneys’ fees for several indicia of bad faith, including pervasive breach of the settlement agreement and false assurances from Group’s general counsel.

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