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U.S. Supreme Court,
Intellectual Property

Apr. 14, 2020

Supreme Court to decide if recovery of trademark infringer’s profits requires willfulness

In January, the U.S. Supreme Court heard oral arguments on a high-profile case that will have a profound impact on damages available to plaintiffs in trademark infringement cases. The issue the high court has agreed to decide is whether recovery of the infringer’s profits by the plaintiff requires a showing of willful infringement.

Dariush Adli

President
ADLI Law Group

444 S Flower St
Los Angeles , CA 90071

Email: adli@adlilaw.com

Univ of Michigan Law Sch; Ann Arbor MI

In January, the U.S. Supreme Court heard oral arguments on a high-profile case Romag Fasteners, Inc. v. Fossil, Inc., 817 F.3d 782 (Fed. Cir. 2016), which will have a profound impact on damages available to plaintiffs in trademark infringement cases. The issue the high court has agreed to decide is whether recovery of the infringer's profits by the plaintiff requires a showing of willful infringement.

Foss...

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