Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases

Romag Fasteners, Inc. v. Fossil, Inc. The Supreme Court, settling a circuit split, held that, although highly important, willfulness is not a prerequisite for a trademark infringement plaintiff to obtain a profits award.

9 minute readJune 01, 2020 at 12:11 AM
By
Sarah Benowich
Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases

On April 23, 2020, the Supreme Court rendered a decision inRomag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), settling a circuit split and holding that, although

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