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Danielle Johnson quoted in IPWatchdog.com article

Trademark Bar Cheers for ‘Good News in a Gloomy Time’ with High Court’s Romag Fasteners Holding

April 24, 2020
ipwatchdog.com

Danielle Johnson, an associate in the firm's Intellectual Property group was recently quoted in IPWatchdog.com's article "Trademark Bar Cheers for ‘Good News in a Gloomy Time’ with High Court’s Romag Fasteners Holding" which focuses on the recent unanimous  United States Supreme Court decision Romag Fasteners v. Fossil Group Inc., which reverses the Federal Circuit’s August 2017 decision and holds that willful infringement is only one consideration for awarding an infringer’s profits and that 15 U.S.C. Section 1117(a) does not articulate a willfulness prerequisite.

Said Ms. Johnson, "Fossil’s argument that an award of the defendant’s profits is “subject to the principles of equity” according to the Lanham Act was not enough to persuade the Court that willfulness is required for such an award. However, the holding is not likely to have a detrimental effect on innocent infringers. As the Court noted, a defendant’s mental state is a highly important consideration in determining whether an award of profits is appropriate—the opinion merely makes clear that willfulness is not an absolute precondition. In the Second Circuit and elsewhere, however, courts will likely continue to require willfulness as a matter of equity in most cases."

To read the entire article please click here.

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