How High Court TM Profits Ruling Bears On False Advertising

Law360 (May 1, 2020, 3:29 PM EDT) -- In Romag Fasteners Inc. v. Fossil Inc.,[1] the U.S. Supreme Court recently made it easier for Lanham Act plaintiffs to disgorge the ill-gotten profits of trademark infringers.

Naturally, the question arises: Since false advertising suits are also governed by the Lanham Act, does Romag apply to false advertising suits, too? The answer is likely yes — but there are important differences between the two types of suits that may make disgorgement awards more difficult for false advertising plaintiffs to obtain.

The Romag Decision

The Lanham Act's chief monetary remedies are actual damages or disgorgement of profits. The former measure represents the...

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