U.S. Supreme Court,
Intellectual Property
May 19, 2020
High court ruling likely to make trademarks more valuable
The court unanimously decided that neither the Lanham Act’s statutory language, nor historical precedent supported making willfulness a threshold requirement for availability of infringer’s profits in trademark infringement disputes.
Dariush Adli
President
ADLI Law Group
444 S Flower St
Los Angeles , CA 90071
Email: adli@adlilaw.com
Univ of Michigan Law Sch; Ann Arbor MI
The U.S. Supreme Court has ruled that recovery of infringers' profits in trademark infringement lawsuits is not contingent on establishing willfulness of the infringement. In Romag Fasteners, Inc. v. Fossil, Inc., 2020 DJDAR 3706 (April 23, 2020), the court unanimously decided that neither the Lanham Act's statutory language, nor historical precedent supp...
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