U.S. Supreme Court Holds Disgorgement Of Profits Is Available Remedy In Trademark Infringement Action Without Showing Of Willful Infringement

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In Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-233, 590 U.S. _____ (2020), the United States Supreme Court held that a plaintiff in a trademark infringement action, brought under 15 U.S.C. § 1125(a), that alleges and proves trademark infringement is not required to show that the defendant willfully infringed the plaintiff’s trademark as a precondition to a disgorgement of profits award. In so ruling, the Supreme Court clarified that the Lanham Act does require the showing of willful infringement as a precondition to disgorgement of profits in an action brought under 15 U.S.C. § 1125(c) but does not require the same precondition for claims brought under § 1125(a).

A copy of the Supreme Court’s Opinion is attached.

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