The recent Masters and Johnson case showed how easily a trademark licensor could establish willful infringement and receive an award of monetary damages, even when no actual confusion existed and the licensor waited for the trademark license agreement to expire before complaining that the licensee used the licensed mark outside the scope permitted by the agreement.
This article reviews that case, Masters v. UHS of Del., Inc., 631 F.3d 464 (8th Cir. 2011), cert denied, 2011 U.S. LEXIS 3853 (U.S., May 23, 2011), and advises trademark licensees how to avoid the pitfalls of acting outside the scope of license agreements.