ARE Trademark Law Alert: Supreme Court Holds That Willfulness Is Not Required for an Award of Profits in Federal Trademark Infringement Cases Brought Under 15 U.S.C. § 1125(a)

On April 23, 2020, the Supreme Court unanimously decided that trademark infringers may be liable for their profits in actions brought under 15 U.S.C. § 1125(a), even if they did not violate the law willfully.  Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-1233, Slip op. at 3, 7 (U.S. Apr. 23, 2020).  This decision […]