直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Media Mention

SCOTUS Grapples with ‘Wilfulness’ in TM Infringement

January 15, 2020

World Intellectual Property Review

On January 14, the Supreme Court of the United States heard oral arguments in Romag Fasteners v. Fossil, a trademark case that centers around whether courts can award profits as a remedy for trademark infringement where it has not found that the infringement was willful. World Intellectual Property Review interviewed Finnegan partner Mark Sommers for his thoughts on the case. Mark said, “Assuming the court rules that willfulness is required to obtain profits, trademark owners will be left to establish the notoriously high standard of willful infringement. If the court removes the willfulness gatekeeper and opens profits disgorgement as the equities so dictate, then profit awards become a more viable and workable option in trademark cases and will presumably serve as a greater deterrent and, of course, settlement motivator."

Read the full article here. 

Tags

Supreme Court of the United States (SCOTUS)

Related Practices

Trademark and Brand Management

Trademark Litigation and Trials

Related Offices

Washington, DC

Related Professionals

Mark Sommers
Partner
Washington, DC
+1 202 408 4064
Email

Related News

Commentary

Levi’s Has Filed 2 New Lawsuits This Year to Protect Its Red Tab Trademark

July 9, 2026

Award/Ranking

Best Lawyers in Germany Recognizes Dr. Dr. Jochen Herr in Recent Rankings

July 16, 2026

Commentary

Patent Strategy Could Shape Financing, Valuation and Risk in Offshore Energy Projects

June 30, 2026

Award/Ranking

Finnegan’s European Practices and Attorneys Highlighted in 2026 Managing IP Rankings

June 25, 2026

Commentary

BMW Secures Injunction Forcing Zync to Seek Stay of ITC Trade Secret Case

June 23, 2026

Press Release

BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret

June 23, 2026

Award/Ranking

Six Finnegan Partners Recognized in the 2026 Lawdragon 500 Leading Global IP Lawyers

June 22, 2026

Award/Ranking

Finnegan Recognized in 2026 BTI Client Service A-Team Rankings

June 22, 2026

Award/Ranking

World Trademark Review Recognizes Three Finnegan Partners on its 2026 Global Leaders List

June 24, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP