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Romag v. Fossil: Willfulness ‘Not Required’ to Award Profits

Intellectual Property Magazine

24 Apr 2020

Jennifer Taylor spoke to Intellectual Property Magazine about the U.S. Supreme Court ruling in Romag Fasteners v. Fossil, which found that trademark infringers can be forced to hand over their profits to a brand owner even if they haven’t violated the law willfully.

According to Jennifer, the verdict “brings clarity” to an important issue in trademark law, because the principles of equity will still “govern whether an infringer’s profits can be recovered, the infringer’s intent will main relevant, but a showing of willfullness will no longer be a separate requirement.”

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