Supreme Court Decision on Remedies for TM Infringement
Last month, the Supreme Court, in its decision Romag Fasteners, Inc. v. Fossil Grp., Inc., 140 S. Ct. 1492 (2020) clarified that a finding of willfulness is not a pre-requisite for consideration of a profits award under 15 U. S. C. §1117(a) of the Lanham Act. Essentially, what this means is that it is no longer required for a plaintiff to prove than an infringer willfully infringed the plaintiff’s trademark(s) in order to ask for the infringer to have to disgorge their profits from the infringement. However, the court took care to make sure that a defendant’s state of mind […]
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