U.S. Supreme Court,
Civil Litigation,
Intellectual Property
Oct. 3, 2019
High court will address split over trademark infringement remedies
The U.S. Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil Inc., 18-1233, to resolve a circuit split regarding Lanham Act remedies for trademark infringement.
Benjamin L. Wagner
Partner
Troutman Pepper Hamilton Sanders LLP
Phone: (858) 509-6010
Email: ben.wagner@troutman.com
Ben is a seasoned intellectual property and complex commercial litigator, handles disputes for clients ranging from start-ups to established multi-nationals in a diverse range of industries, including apparel, consumer goods, life sciences, medical devices, real estate development and professional sports. He has litigated the issue of disgorgement of trademark infringer profits in circuits on both sides of the split.
Katherine Harihar
Associate
Troutman Sanders
Katherine's litigation experience extends to all areas of IP litigation, from pre-suit diligence through discovery, trial, post-trial briefing and appeal, including substantive analysis and case strategy. Katherine has represented and counseled clients in a wide range of areas including mechanical devices, apparel, consumer goods and electronics, data technology, financial systems, computer software and pharmaceuticals.
The U.S. Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil Inc., 18-1233, to resolve a circuit split regarding Lanham Act remedies for trademark infringement. The specific issue in Romag is "[w]hether, under Section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer's profits for a violation of Section 43(a), 15 U.S.C. § 1125(a)."
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