U.S. Supreme Court,
Intellectual Property,
Civil Litigation
Mar. 18, 2020
High court to rule on Lanham Act remedies
A vexing problem for trademark litigants has been evaluating when the profits of an infringer are an available remedy. There has been precious little consensus among the circuit courts which is why the U.S. Supreme Court has recently taken up the issue in the case of Romag Fasteners v. Fossil, Inc. (18-1233), with oral arguments heard in January.
Daniel C. DeCarlo
Partner
Lewis, Brisbois, Bisgaard & Smith LLP
Phone: (213) 680-5066
Email: dan.decarlo@lewisbrisbois.com
Southwestern Univ SOL; Los Angeles CA
Daniel is co-chair of the firm's national intellectual property practice and has litigated dozens of Lanham Act cases including bench and jury trials as well as appellate court cases.
A vexing problem for trademark litigants has been evaluating when the profits of an infringer are an available remedy. There has been precious little consensus among the circuit courts which is why the U.S. Supreme Court has recently taken up the issue in the case of Romag Fasteners v. Fossil, Inc. (18-1233), with oral arguments heard in January.
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