Supreme Court Says “Willfulness” Not Required to Recover Trademark Infringers’ Profits — What’s Next?
In Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court recently ruled unanimously that willful intent is not an absolute prerequisite to awarding an infringer’s profits in a trademark infringement lawsuit.
The decision comes as welcome news to brand owners because it effectively lowers the standard for recovering an important form of monetary relief.
Intellectual property lawyers expect to see an uptick in trademark infringement lawsuits and an increased willingness by defendants to settle out of court rather than risk damages awards that may be, on average, larger than previously awarded.
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