U.S. Supreme Court,
Intellectual Property
Jul. 17, 2019
When can profits be recovered in trademark infringement cases?
On June 27, the U.S. Supreme Court agreed to hear a case that may have profound and far-reaching implications for trademark law.
On June 27, the U.S. Supreme Court agreed to hear a case that may have profound and far-reaching implications for trademark law. The petitioner, Romag Fasteners, is seeking clarity regarding whether willful infringement is a requirement or prerequisite for collecting a trademark infringer's profits under Section 35 of the Lanham Act for violations of Section 43(a), 15 U.S.C. Section 1125 .
Under Section 35 of the Lanham Act, "the pla...
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