Supreme Court to Decide Whether Willful Infringement is Prerequisite to an Award of Infringer’s Profits Under Lanham Act
The U.S. Supreme Court on January 14, 2020, heard oral argument in Romag Fasteners Inc. v. Fossil Inc., Docket No. 18-1233, on this issue: Whether, under the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer’s profits for a violation of Section 43(a), 15 U.S.C. § 1125(a).