INSIGHT: Don’t Expect High Court’s Romag Ruling to Upend Trademark Litigation

May 1, 2020Bloomberg Law

On April 23, the U.S. Supreme Court decided Romag Fasteners Inc. v. Fossil Inc., holding that proof of willful trademark infringement is not a “categorical” prerequisite for disgorgement of the defendant’s profits, but merely one factor to consider.

What can trademark practitioners (and trademark holders) expect as a result of this decision? As Yogi Berra said, “It’s tough to make predictions, especially about the future.” Still, Romag’s impact will likely be limited—except in cases, like Romag itself, involving the sale of counterfeit goods.

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