Justices Unsure What's Needed For Trademark Profits

Law360 (January 14, 2020, 7:35 PM EST) -- The justices of the U.S. Supreme Court on Tuesday wrestled at oral arguments over when trademark infringers must fork over their profits to a brand owner, offering few clues as to whether they believe such violators must have acted willfully to be hit with that penalty.

Fasteners on Fossil watches and handbags were the subject of oral arguments in a trademark case at the U.S. Supreme Court on Tuesday. (Getty) Hearing the case Romag Fasteners Inc. v. Fossil Inc., the justices pressed both sides to explain what Congress meant when it wrote in the Lanham Act that such profits can be...

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