Danielle Johnson quoted in World Intellectual Property Review and World Trademark Review
Danielle Johnson, an associate in the firms Intellectual Property group was recently quoted in the following articles:
- World Intellectual Property Review: Romag v. Fossil: A ‘pro-brand’ ruling, say lawyers
- World Trademark Review: Romag v Fossil: no intent required in trademark disputes to secure profits awards, US Supreme Court rules
Both articles are about the recent US Supreme Court ruling in Romag v Fossil regarding IP infringement.
Ms. Johnson said that "Although this did not persuade the Supreme Court, ... the decision is still unlikely to cause harm to “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,' she said. 'In the Second Circuit and elsewhere, however, courts will likely continue to require willfulness as a matter of equity in most cases,' she added."
