Will they or won’t they? SCOTUS makes it easier to recover trademark infringer’s profits
Abstract: In yet another eventful season of important U.S. Supreme Court rulings, one decision brings welcome news to trademark owners. The unanimous landmark decision resolved a split among the federal appellate courts. This article reviews the Supreme Court’s decision finding that, while willfulness isn’t a prerequisite to the issue of a profits remedy, the inquiry into willfulness isn’t irrelevant. Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-1233, April 23, 2020, U.S.