On March 31, 2016, the Federal Circuit held that willfulness is a requirement in order to award a trademark plaintiff the infringer’s profits (disgorgement of profits).

The district court reduced Romag’s damages award, holding as a matter of law that Romag could not recover Fossil’s profits for trademark infringement because the jury found that the infringement was not willful.

The Federal Circuit affirmed.

Opinion may be found here.

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