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Romag v Fossil: No Intent Required in Trademark Disputes to Secure Profits Awards, US Supreme Court Rules, World Trademark Review

April 23, 2020

Morgan Lewis partner Kevin Fee was quoted in a World Trademark Review article about the implications of the US Supreme Court’s unanimous decision in Romag Fasteners v. Fossil. In the article, Kevin said, “One obvious way that this decision impacts the work of trademark professionals is that it removes one factor to consider when selecting a forum for a trademark lawsuit.” He also noted, “In addition, the Romag decision may make trademark owners more bullish in litigation if they develop evidence that the defendant acted recklessly or with callous disregard for the trademark owner’s rights, especially if the defendant’s infringement resulted in substantial profits.”

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