Burger King Corporation v. C.R. Weaver ; M-W-M, Inc. Case Overview.
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
Burger King Corporationv.C.R. Weaver; M-W-M, Inc
A district court dismissed Weaver’s claims on summary judgment. His arguments do not withstand with the lack of explicit contract obligations related to this. The court awarded BKC an accounting for profits under the Lantham Act.
Weaver appealed the award of lost profits. He argued that BKC was not damaged by his infringement of its trademark since the franchise fees have been held in escrow. He further argued that BKC, in fact, benefited from the infringement because “BKC’s goodwill and marks were enhanced by Weaver’s continued operation, and thus, an award of lost profits to BKC represents a windfall”
The eleventh circuit disagreed. It noted that BKC does not need to show actual damages to receive a lost profits accounting under the Lantham Act. It further noted that an accounting for profits under this act is designed to make the infringement unprofitable and deter the infringer from future similar activity. The Eleventh Circuit affirmed the award of a lost profits accounting because Weaver’s use of the mark after receiving a note of termination was willful and deliberate.
Lost profits accounting awarded even though the franchiser may have benefited from the trademark Infringement.
The court proceedings can be found here:
About IPR Plaza
IPR Plaza is a web-based platform that bridges the gap between IP law, accounting, tax, transfer pricing and valuation by providing general and profession-specific information on intangibles, as well as, quantifiable valuation models. IPR Plaza is empowered by different leading IP advisory firms. IPR Plaza is headquartered in the Netherlands with representation in other major countries.