961 Broadway, Suite 115
Woodmere, NY 11598

(516) 268-7077

Blog

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.  

Leave a comment

Your email address will not be published. Required fields are marked *

Contact Us

sidebar image

Rubinstein Law Firm

The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.

FAQ’s

  • What grounds do I need to file for divorce?
    • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
  • Do I file a contested divorce or an uncontested divorce?
    • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
  • How much does the divorce process cost?
    • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
  • How long before I am officially divorced?
    • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

Request A Consultation