U.S. Supreme Court,
Civil Litigation,
Intellectual Property
Oct. 25, 2019
Is willfulness is required to award profits in a trademark infringement case?
The Supreme Court’s ruling in a trademark case this term could have sweeping effects if it were to resolve the circuit split by categorically ruling that willfulness is or is not a prerequisite for obtaining a defendant’s profits as part of a damages award.
Jeffrey A. Kobulnick
Parnter
Brutzkus Gubner
Email: jkobulnick@bg.law
Jeffrey is chair of the Intellectual Property Practice Group at in Los Angeles. He is an experienced copyright and trademark attorney and regularly litigates claims for trademark and copyright infringement.
The U.S. Supreme Court will soon take on Romag Fasteners v. Fossil, Inc., et al., 18-1233 In 2002, Fossil and Romag entered into an agreement for Fossil to purchase and use tens of thousands of Romag's magnetic snap fasteners in Fossil products. In 2010, Romag's president and founder discovered that Fossil was using counterfeit snap fasteners with the Romag mark, and Romag sued Fossil and its retailer customers for patent and trademark infringement. Romag a...
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