The U.S. Supreme Court issued a decision today that has serious implications for trademark brand owners, as well as those accused of trademark infringement. In the case of Romag Fasteners, Inc. v. Fossil Group, Inc., fka Fossil, Inc., et. al., the Supreme Court held that a plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award. This decision changes the law in several federal Circuits and drastically raises the stakes in any suit involving claims of trademark infringement.
If you have questions about intellectual property rights or trademark issues, contact our IPC professionals at (504) 322-7166 for more information on how we can help.