Supreme Court Says “Willfulness” Not Required to Recover Trademark Infringers’ Profits — What’s Next?

Supreme Court Says “Willfulness” Not Required to Recover Trademark Infringers’ Profits — What’s Next?

Jun 22, 2020

Article

Co-author, Law Week Colorado, June 22, 2020

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.

Click here to read the entire article.

Meet The Team

Andrea M. LaFrance Associate T 303.223.1182 alafrance@bhfs.com
Airina L. Rodrigues Shareholder T 303.223.1252 arodrigues@bhfs.com