Fossil Urges Justices To Avoid 'Windfall' Trademark Fines

Law360 (December 3, 2019, 12:31 PM EST) -- Fossil Inc. is urging the U.S. Supreme Court to tightly limit when trademark infringers must fork over their profits to a brand owner, saying such a “windfall” should only be awarded when the law has been violated willfully.

In a brief filed Nov. 27, the accessories company warned the justices that an award of profits is a “particularly severe remedy” that must only be foisted on true bad actors who intentionally infringe trademarks.

“Under this rule, a defendant who acted in good faith, and the court itself, would be spared burden of an accounting where the defendant’s actions did not call...

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