ABA Tells Justices TM Profit Awards Don't Need Willfulness

Law360 (September 20, 2019, 8:38 PM EDT) -- The American Bar Association has weighed in on a circuit-splitting issue over when to award profits in trademark cases, telling the U.S. Supreme Court that federal trademark law does not require that willfulness be proven to make infringers hand over their profits.

In an amicus brief filed Thursday, the ABA backed watch-parts maker Romag Fasteners Inc. in its bid for $6.8 million worth of Fossil Inc.'s profits for infringing its trademarks, a bid the Second Circuit refused after finding that Romag was unable to show that Fossil acted willfully.

But the “plain language” of the Lanham Act does not require a...

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