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Supreme Court of the United States › Willful Infringement

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Sunstein LLP

Supreme Court vacates $43 million trademark award for violating principle of corporate separateness in Dewberry Group

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On February 26, 2025, in Dewberry Group v. Dewberry Engineers, the Supreme Court unanimously vacated a $43 million damages award for trademark infringement, ruling that the lower court improperly conflated the defendant with...more

BakerHostetler

US Supreme Court Set To Hear Case That May Have Significant Implications for the Doctrine of ‘Corporate Separateness’

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The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply...more

Dorsey & Whitney LLP

IP Shell Games: Supreme Court to Review Liability of Corporate Affiliates for Trademark Infringement

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In a potential shakeup for corporate liability, the Supreme Court will hear oral argument this year on whether a real estate developer’s corporate affiliates should be responsible for a $46.6 million trademark infringement...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024

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Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims...more

Proskauer - Minding Your Business

Conduct Over Confusion: Supreme Court Holds Lanham Act to the Presumption Against Extraterritoriality

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In April, we discussed oral arguments at the Supreme Court for Abitron Austria GmbH et al. v. Hetronic International, Inc., a case in which the Supreme Court considered the extraterritorial reach of the Lanham Act (“Act”) for...more

Neal, Gerber & Eisenberg LLP

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

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On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with...more

Dinsmore & Shohl LLP

SCOTUS Set to Address United States Trademark Law’s International Reach

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On March 21, 2023, the Supreme Court of the United States heard oral argument in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) on an issue it has not squarely addressed in seven...more

Miller Nash LLP

Supreme Court May Review Trademark Territoriality

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The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States....more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

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On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

Fox Rothschild LLP

Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and...

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By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. v. Cisco Systems, Inc., Case 20-1685 (Fed. Cir. September 28, 2021), the Federal Circuit...more

Royer Cooper Cohen Braunfeld LLC

U.S. Supreme Court - Willfulness is not a Prerequisite for a Profit Award for Trademark Infringement

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In its unanimous April 23, 2020 opinion in Romag Fasteners v. Fossil, Inc., the Supreme Court made clear once and for all that a successful trademark plaintiff is not required to establish that the defendant’s infringement...more

Dorsey & Whitney LLP

Even After a Supreme Court Win, Romag Fasteners Can’t Get a Big Jury Verdict to Stick

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Trademark law aficianados have followed the progress of Romag Fasteners v. Fossil from District Court to the Federal Circuit to the Supreme Court and back again. We previously blogged about the Supreme Court decision here. In...more

Bradley Arant Boult Cummings LLP

Trademark Law Trends To Follow In 2021

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2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Faegre Drinker Biddle & Reath LLP

2020 Brings (Some) Clarity to Trademark Profit Awards

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Nearly a year ago, we previewed the U.S. Supreme Court’s then-upcoming decision in Romag Fasteners, Inc. v. Fossil Group, Inc.—a case set to provide some much needed clarity on the question of whether plaintiffs in trademark...more

International Lawyers Network

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

International Lawyers Network on

The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted...more

Sunstein LLP

Trademark Infringement Remedies Just Got Snappier? United States Supreme Court Says Proving Willfulness Is Not Required For...

Sunstein LLP on

In U.S. trademark litigation, the focus is typically on injunctive relief: The plaintiff wants the defendant to cease use of the infringing mark before the plaintiff’s reputation is harmed or the strength of the mark is...more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q2 2020

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Major Research Universities Agree to Technology Access Framework Amid COVID-19 Pandemic - A growing number of major universities, including Harvard University, Massachusetts Institute of Technology, Stanford University, Yale...more

Greenberg Glusker LLP

Supreme Court Unanimously Holds that Willfulness is Not a Prerequisite for an Award Disgorging Trademark Infringer’s Profits

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On April 23, 2020, the United States Supreme Court unanimously held that the Lanham Act does not require a showing of willful infringement to justify an award of defendant’s profits to the plaintiff. Romag Fasteners, Inc. v....more

Lowenstein Sandler LLP

Romag Fasteners: SCOTUS Holds That Plaintiffs in Trademark Suits Need Not Show "Willful Intent" of Infringement to Recover Damages...

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In a recent unanimous decision in Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court brought some welcome clarity to the question of whether willfulness is required in order to recover an infringer’s profits under...more

WilmerHale

Supreme Court Holds that Willfulness is Not a Requirement to an Award of an Infringer’s Profits

WilmerHale on

On April 23, the US Supreme Court resolved a six-six circuit split over whether a defendant must have willfully infringed a trademark for a plaintiff to obtain as a remedy the infringer’s profits. In Romag Fasteners, Inc. v....more

Smart & Biggar

Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation

Smart & Biggar on

Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more

Miles & Stockbridge P.C.

Willfulness no Longer Required for Trademark Owners to be Awarded an Infringer’s Profits

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In a decision some believe may generate more trademark infringement litigation, the U.S. Supreme Court recently ruled that a trademark owner does not have to prove a defendant acted willfully to receive a profits remedy in...more

Baker Donelson

Supreme Court Clears an Obstacle to Profit Awards for Trademark Owners, But Doesn't Completely Flush "Willfulness"

Baker Donelson on

On April 23, 2020, the United States Supreme Court's unanimous decision in Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), resolved a circuit court split by confirming that a plaintiff in a trademark infringement...more

White & Case LLP

Supreme Court clarifies rules for remedies in trademark litigation

White & Case LLP on

White & Case Technology Newsflash - Willful infringement is no longer required for trademark owners to recover infringers' profits. In Romag Fasteners v. Fossil Group, the Supreme Court resolved a longstanding circuit...more

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