Bloomberg Law
April 23, 2020, 2:33 PMUpdated: April 23, 2020, 9:00 PM

Trademark Profit Awards Don’t Require Intent, SCOTUS Rules (2)

Kyle Jahner
Kyle Jahner
IP Reporter

Trademark owners don’t have to show infringers’ willfulness in order to win an award from their profits, a unanimous Supreme Court said.

Romag Fasteners Inc., a watch fastener supplier to Fossil Group Inc., appealed to restore a $6.7 million jury award of Fossil’s profits granted after the fashion manufacturer was found to have infringed by switching to an unauthorized supplier. A district court judge nixed the award, a decision affirmed by the U.S. Court of Appeals for the Federal Circuit and vacated by the high court.

The decision remands the case to a lower court for further proceedings. It also ...

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