Bloomberg Law
June 28, 2019, 1:50 PMUpdated: June 28, 2019, 8:35 PM

Justices to Say When Trademark Infringers Can Lose Profits (1)

Kyle Jahner
Kyle Jahner
IP Reporter

The U.S. Supreme Court will decide whether courts can order companies to forfeit profits if they infringe a trademarked brand through negligence, but not as an intentional act.

The justices June 28 agreed to hear arguments in a dispute between accessory company Fossil Inc. and Romag Fasteners Inc., which makes magnetic clasps for purses and wallets. Romag wants the high court to restore a $6.7 million jury award that a judge wiped out because the jury found Fossil didn’t infringe the trademark “willfully.” Romag argued that an implied the jury finding of gross negligence should have been enough.

The case will ...

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