Hard Road to Trademark Damages Revealed in High Court Petition

June 27, 2019, 2:30 PM

Intellectual property attorneys would love for the U.S. Supreme Court to settle a circuit split on when courts can award profits for infringement after a lower court gutted a $6.87 million jury award against Fossil Inc. and Macy’s Inc.

Romag Fasteners Inc. is asking the justices to review a federal appeals court ruling that the jury award went beyond the limits of trademark law. If the Supreme Court doesn’t intervene, four federal appeals courts will maintain their hardline rule barring awards of an infringer’s profits without a finding of willfulness, one of many obstacles to winning money in infringement cases. ...

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