Analysis

When It Comes To IP, Supreme Court Really Hates Rigid Rules

By Bill Donahue (May 5, 2020, 7:10 PM EDT) -- A ruling last month by the U.S. Supreme Court that struck down an "inflexible precondition" for big trademark awards was just the latest in a string of high court decisions that rejected bright-line rules in intellectual property cases.

The April 23 decision, in a case called Romag Fasteners Inc. v. Fossil Inc., said that trademark infringers can be forced to hand over their profits to a brand owner even in situations where they haven't violated the law willfully.

The ruling rejected an approach taken by a number of lower courts, including the Second and Ninth circuits, that such "disgorgements" could be...

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