Partner Kevin Fee discussed the US Supreme Court’s unanimous ruling in Romag Fasteners, Inc. vs. Fossil Group, Inc. that trademark owners don’t have to show infringers’ willfulness in order to win an award from their profits. Noting that profit awards without intent are rare, he stated, “I don’t think that’s as massive a concern as the defendant was trying to suggest” Fee said. “While willfulness is no longer a requirement, disgorgement of profits is not automatic in trademark cases. There are a series of factors courts consider. Willfulness is just one of those factors.”
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