A Trademark Infringement Plaintiff Need not Prove Willfullness to Obtain a Profit Remedy

Trademark law protects brand names, business names, logos, and other words or symbols used to protect a product or service from unauthorized use by others. The Lanham Act, found in Title 15, Chapter 22 of the U.S. Code, regulates the issuance of trademarks by the federal government and the enforcement of trademark rights in federal court. In a claim for infringement of a trademark, the Lanham Act allows a trademark owner to recover profits resulting from the infringement as damages. The U.S. Supreme Court ruled earlier this year on a question about the standard of proof for recovering profit damages. At issue was whether the plaintiff needed to prove that the defendant’s infringement was willful. The Court’s decision in Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), held that willfulness is not a required element in a trademark infringement claim.