The former partner of USA Football Inc. failed to sink the NFL-funded nonprofit’s bid for damages in advance of trial for alleged infringement of its “USA Flag” trademark.
USA Flag LLC argued USA Football’s failure to initially disclose damages calculations ahead of discovery meant its damages evidence must be excluded. But because USA Football seeks disgorgement of USA Flag profits, its failure to disclose that information is “not only unproblematic but expected,” Judge Amos L. Mazzant of the US District Court for the Eastern District of Texas said Thursday.
The denial of summary judgment on damages comes four months after ...
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