Resolving the “Willfulness” Conundrum: Romag Fasteners, Inc. v. Fossil, Inc., a Case Note
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Date
2020-12-22
Authors
Mannis, Jack
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Part I of this Note traces the history and purpose of the Lanham Act. Part II discusses the split among circuit courts, both before and after the addition of the 1999 amendment, regarding the willfulness requirement. Part III discusses Romag Fasteners, Inc. v. Fossil, Inc., the case’s history, as well as the parties’ arguments before the Supreme Court. Part IV discusses the Supreme Court’s recent decision to decline to adopt a bright-line rule requiring a finding of willfulness before awarding a defendant’s profits, and instead to adopt a factor-based approach, whereby willfulness is one of several important factors to consider. Finally, Part V unpacks the policy implications that resulted from the Supreme Court’s decision to adopt a factor-based approach and how such a decision ultimately serves the broader purposes of the Lanham Act.
Description
32 pages
Keywords
Lanham Act, Trademark law
Citation
99 Or. L. Rev. 207