On April 23, 2020, the Supreme Court resolved a decades-long circuit split as to whether recovery of an infringer’s profits under Section 35(a) of the Lanham Act requires showing willfulness and held that there is no strict willfulness requirement to recover an infringer’s profits. The case is Romag Fasteners Inc. v. Fossil, Inc., et al., – S.Ct. –, 2020 WL 1942012 (April 23, 2020), which is based on Fossil’s use of counterfeit magnetic snaps on some of its handbags.
