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Lewis R. Clayton and Eric Alan Stone Lewis R. Clayton and Eric Alan Stone

In a case that may significantly affect the damages available in certain trademark cases, the U.S. Supreme Court is set to resolve a six-to-six circuit split over whether a successful trademark-infringement plaintiff may recover the defendant-infringer’s own profits without showing that the defendant’s false or misleading use of the trademark was willful. Romag Fasteners v. Fossil, No. 18-1233 (2019). We report here on Romag and on the decisions of the Circuit Courts of Appeals.

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