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Open Season on Trademark Remedies: In the Wake of TMA Enactment and Romag
Intellectual Property Law; Trademark Interest Group
In 2020, the Supreme Court resolved a longstanding circuit split with its decision in Romag Fasteners v. Fossil Group. As a result, proof of willful infringement is no longer required for trademark owners to recover infringers' profits. The decision makes it easier for trademark owners to recover infringers' profits and increase the damages awards.
Moreover, the enactment of the Trademark Modernization Act took effect just prior to 2022. As a result, a rebuttable presumption of irreparable harm once again applies to any permanent injunction and preliminary injunction decision. How have these two events changed the landscape in trademark remedies? Has proof of actual damages been affected as well?
1 Participatory MCLE Credits
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