Curry v. Revolution Laboratories, LLC

Plaintiff filed a lawsuit under the Lanham Act and Illinois common law asserting trademark claims and a jury returned a verdict in favor of the plaintiff and awarded compensatory and punitive damages. The defendant appealed and argued that the district court erred when it allowed the punitive damages request to go to the jury and that the punitive damage awards were excessive in violation of the due process clause. The Seventh Circuit affirmed, finding that while not specifically permitted in the language of the statute, the imposition of punitive damages were consistent with the gravity of the harm and the available legislative guidance and that the district court did not err in allowing them. (SCUDDER and LEE, concurring)