Supreme Court: Willfulness Not Required for Profits Awards in Trademark Infringement Actions

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Decision clarifies prior conflicting authority and holds that willfulness is not a prerequisite to recovering an infringer’s profits.

Key Points:

..A finding of willfulness is not a prerequisite to a disgorgement of profits in a trademark infringement action.

..Any change to that rule will have to come from legislators, not the judicial branch.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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