U.S. Supreme Court Says Willful Trademark Infringement Is Not a Prerequisite to an Award of Profits Under the Lanham Act

April 23, 2020

The Supreme Court unanimously held in Romag Fasteners, Inc. v. Fossil Group, Inc., No. 2018-1233 (April 23, 2020), that a trademark owner is not required under the Lanham Act to establish that infringement of its trademark was willful in order to obtain an award of the accused infringer’s profits.  The Court observed, though, that willfulness is still an important factor to consider when weighing an award of profits.