Analysis

Will High Court's Trademark Ruling Spark Litigation Wave?

Law360 (April 24, 2020, 4:45 PM EDT) -- In the wake of a U.S. Supreme Court decision making it easier to win money in trademark cases, are courts about to see a spike in infringement lawsuits and huge awards?

The ruling on Thursday, in favor of a company called Romag Fasteners, said that courts can order trademark infringers — in this case Fossil Group Inc. — to fork over their ill-gotten profits even if they haven't violated the law willfully.

Before Thursday, some courts had only granted such "disgorgements" of profits in cases where a defendant acted willfully, but the high court called that an "inflexible precondition" that Congress...

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