“Supreme Court Determines Willfulness Not Required to Award Trademark Owner an Infringer’s Profits”

By: Counsel Tom McNulty

Article published in Massachusetts Lawyers Weekly

The Supreme Court ruled in Romag Fasteners v. Fossil Group that a trademark holder is not required to prove that infringement was willful to obtain the infringer’s profits. Romag had reached an agreement whereby Fossil would use Romag magnetic fasteners on Fossil handbags and other products. Romag subsequently discovered the Chinese factories that Fossil had hired to make the Fossil products were using counterfeit Romag fasteners and Fossil was doing little to prevent such occurrences. Romag filed suit in the District of Connecticut. A jury found Fossil liable for trademark infringement but determined while Fossil had acted “in callous disregard” of Romag’s rights, Fossil had not acted willfully.

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