Trademark Profit Awards At High Court Crossroads

Law360 (January 16, 2020, 9:14 AM EST) -- On Tuesday, the U.S. Supreme Court heard arguments in Romag Fasteners Inc. v. Fossil Inc., representing a crossroads moment concerning the availability of profit disgorgement as a remedy to a successful trademark infringement plaintiff.

Specifically, the issue before the court is the degree of requisite intent that needs to be established — particularly, the necessity (or not) of proving willful conduct — for disgorgement of an infringer's profits to be allowable.

The Romag case also bears on the number of trademark cases that will be filed and prosecuted to conclusion following the Supreme Court's decision. Experience shows that the difficulty of...

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