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Trademarks › Romag Fasteners v Fossil

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
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

McAfee & Taft

What this year’s Supreme Court opinions mean for you

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2020 was a tumultuous year. And while you were busy shifting to online meetings, implementing new measures to keep employees and customers safe, and otherwise adapting to the challenges created by the coronavirus, the U.S....more

Kilpatrick

5 Key Takeaways - Review of U.S. Federal Case Law and TTAB Developments

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At the recent INTA 2020 Annual Meeting, Kilpatrick Townsend’s Ted Davis delivered an analysis of major decisions rendered by the U.S. courts and the Trademark Trial and Appeal Board (TTAB) over the past 12 months. Key...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

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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

Miller Canfield

IP Litigation Quarterly Update

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In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of...more

Burns & Levinson LLP

Supreme Court Helps Trademark Owners: Proof of “Willfulness” Is Not Required To Recover Infringer’s Profits

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In April 2020, the U.S. Supreme Court ruled that trademark infringers can be required to hand over their profits to a brand owner even if their conduct was not “willful.” The case was Romag Fasteners v. Fossil Group, Inc.,...more

Sunstein LLP

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

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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

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

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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

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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"

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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

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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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2020: Two Takeaways from Romag Fasteners, Inc. v. Fossil, Inc.

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On April 23, 2020, Justice Neil Gorsuch delivered a unanimous opinion in Romag Fasteners, Inc. v. Fossil, Inc., clarifying that a Lanham Act provision does not require a plaintiff to prove that acts of infringement are...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Sends Potentially Mixed Signals to Trademark Owners

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The Supreme Court giveth to trademark owners—will it now taketh away? A trademark owner is not required to establish willful infringement to disgorge an infringer’s profits under the Lanham Act....more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

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Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

Smith Anderson

Supreme Court Holds Willfulness Not Required for Recovery of Trademark Infringer’s Profits

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On April 21, 2020, the U.S. Supreme Court resolved a long-unsettled issue in trademark law, holding that Section 43(a) of the Lanham Act enables a trademark owner to recover the profits earned by an infringer without proving...more

Manatt, Phelps & Phillips, LLP

Supreme Court: Willfulness Trademark Infringement Not Required to Obtain Profit Disgorgement

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In Romag Fasteners, Inc. v. Fossil Group, Inc., the Supreme Court held that a district court may award the plaintiff with the defendant’s profits even without a showing of willfulness for trademark infringement. However, the...more

Latham & Watkins LLP

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...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2020

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The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more

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