Trademark Law—Trademark Infringement—Willfulness is Not a Precondition to a Profits Award in a Trademark Infringement Suit. Romag Fasteners, Inc. v. Fossil, Inc., 140 S. Ct. 1492 (2020).

Amanda Nelson*

Photo Credit: https://perma.cc/R9HC-4DNL

In her casenote chosen for online publication, Junior Editor Amanda Nelson discusses the United States Supreme Court’s decision in Romag Fasteners, Inc. v. Fossil, Inc. and prior precedent on the issue of whether a showing of willfulness was a precondition to be awarded profits in a suit for trademark infringement. The ruling in Romag is particularly significant, as it settles a longstanding split among the circuit courts—at the time Romag was decided, half of the geographic circuits required a plaintiff to prove willful infringement in order to obtain a profits award while the other half did not.

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