There's No Circuit Split On Trademark Damages, Fossil Says
Law360 (May 23, 2019, 12:47 PM EDT) -- Fossil Inc. urged the U.S. Supreme Court on Wednesday to avoid the company's long-running trademark battle with Romag Fasteners, telling the justices there's no "meaningful" circuit split over when courts can order infringers to fork over their profits.
The filing from the watchmaker came in response to a petition for certiorari filed in March by Romag, which argued the nation's appellate courts are "sharply divided" over whether a trademark owner must show that an infringer acted willfully to win such an award.
On Wednesday, Fossil said courts had developed slightly different standards for when to award such profits, but the distinction...
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