Jennifer Taylor spoke to IP Watchdog about the U.S. Supreme Court ruling in Romag Fasteners v Fossil, which held that willful infringement is only one consideration for awarding an infringer’s profits.
“This decision brings clarity to an important issue in trademark law,” Jennifer said. “Because the principles of equity will still govern whether an infringer’s profits can be recovered, the infringer’s intent will remain relevant, but a showing of willfulness will no longer be a separate requirement.”
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