SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement

The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute

8 minute read September 01, 2019 at 02:03 AM

Norman C. Simon and

Patrick J. Campbell

SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement

Section 35 of the Lanham Act, 15 U.S.C. §1117(a), provides a remedy in false advertising, trademark infringement and dilution cases allowing for a plaintiff's recovery of illicit profits earned by a defendant that are attributable to its wrongful conduct.

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