Romag Fasteners, Inc. v. Fossil, Inc.: To Recover Profits for Trademark Infringement in the Second Circuit, the Infringement Must Be Willful; Laches Remains a Defense to Patent Infringement

Fitzpatrick Case Update
April 1, 2016

On March 31, 2016, the Federal Circuit issued its opinion in Romag Fasteners, Inc. v. Fossil, Inc. holding that, under Second Circuit law, a trademark owner can only recover profits of an infringer for willful infringement and that the equitable defense of laches applies to patent infringement actions.

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