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Fossil Can Keep Profits in Case of Non-Willful Infringement

April 1, 2016, 4:00 AM

Fashion accessory maker Fossil Inc. doesn’t have to hand over its profits from the sale of items made with an infringing magnetic snap fastener, the U.S. Court of Appeals for the Federal Circuit ruled March 31 (Romag Fasteners, Inc. v. Fossil, Inc., 2016 BL 100622, Fed. Cir., 2014-1857, 3/31/16).

The decision means the winning trademark owner can’t collect nearly $7 million in a recommended jury award.

A jury had found that Fossil had infringed the trademark rights of a snap maker by using counterfeits in handbags and other goods, but that the infringement was not willful. So ...