Legal Opinion

Romag Fasteners, Inc. v. Fossil, Inc.

Supreme Court of the United States

Decided April 23, 2020No. 18-1233PublishedCited by 57 opinions

1Opinion of the CourtJustice Gorsuch

*1494When it comes to remedies for trademark infringement, the Lanham Act authorizes many. A district court may award a winning plaintiff injunctive relief, damages, or the defendant's ill-gotten profits. Without question, a defendant's state of mind may have a bearing on what relief a plaintiff should receive. An innocent trademark violator often stands in very different shoes than an intentional one. But some circuits have gone further. These courts hold a plaintiff can win a profits remedy, in particular, only after showing the defendant willfully infringed its trademark. The question before us…

Also in this document: Concurrence; Concurring in the judgment.

2Cases cited23 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Smith v. WadeSupreme Court of the United States · 1983
  3. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  4. Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
  5. Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915

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3Cited by57 opinions

  1. Liu v. SEC. & Exch. Comm'nSupreme Court of the United States · 2020
  2. Munchkin, Inc. v. Luv N' Care, Ltd.Court of Appeals for the Federal Circuit · 2020
  3. Max Rack, Inc. v. Core Health & Fitness, LLCCourt of Appeals for the Sixth Circuit · 2022
  4. Harbor Breeze Corp. v. Newport Landing SportfishingCourt of Appeals for the Ninth Circuit · 2022
  5. Bbk Tobacco & Foods LLP v. Central Coast Agriculture, Inc.Court of Appeals for the Ninth Circuit · 2024

52 more not listed; retrieve them via the Exa API.

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