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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS