patent law

Fastener Case Presents Supreme Court with Opportunity to Resolve Long-Standing Trademark Remedies Issue

Obtaining full relief against infringers is an important part of any trademark enforcement effort.  In trademark cases, trademark owners generally seek the defendant’s profits from infringement.  But while it is clear that the Trademark Act provides such a remedy, courts are split about what standards to apply.  A recent Connecticut case, Romag Fasteners Inc. v. Fossil, Inc., presents the Supreme Court with an opportunity to clarify when and under what circumstances profits may be awarded.