How to Protect Profits Against Trademark Infringement
In Romag Fasteners, Inc v. Fossil, Inc., 140 S. Ct. 1492 (2020), Romag Fasteners, Inc., and Fossil, Inc., signed an agreement to use Romag’s fasteners in Fossil’s leather goods. Romag eventually discovered that factories in China making Fossil products were using counterfeit Romag fasteners. Romag sued Fossil for trademark infringement. Court found a plaintiff is not required to show that a defendant willfully infringed to receive profits under § 1125(a). The jury found that Fossil had acted in callous disregard of Romag’s rights.
Justice Gorsuch’s opinion stated that willfulness is a factor but by virtue of the specified requirements in other parts of the Lanham Act, the court found that under 1125(a) they were not required.