High Court TM Profit Award Standard May Be Coming

Partner Ken Dort and associate Tore DeBella co-authored an article for Law360 on the U.S. Supreme Court case, Romag v. Fossil.

In Romag v. Fossil, the U.S. Supreme Court will weigh in on the question of whether willfulness is a prerequisite to an award of defendants’ profits in trademark infringement cases, an issue that has long divided the circuit courts and begs for a single, unitary standard.

In their article “High Court TM Profit Award Standard May Be Coming,” Dort and DeBella review the division among U.S. Circuit Court decisions and impact that the Supreme Court’s decision will have on trademark owners.