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By Shalayne Pillar and David G. Barker The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without a finding of “willful” infringement. In Lucky Brand Dungarees v. Marcel Fashion Group, the Court will consider whether claim preclusion may bar a defendant from raising a defense late in litigation. In Romag Fasteners, a jury found that Fossil infringed Romag’s trademarks. Nevertheless, the district court refused to award $6.8 million of Fossil’s profits because Romag could not prove Read More »
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