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2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview mirror. So too does this article focus on the future, with the following examination of key trademark litigation trends to watch for in 2021.
Fallout From Fossil: Influx of Profits Awards?
The Supreme Court s recent decision in Romag Fasteners Inc. v. Fossil Group Inc.[1] held that an infringer s willfulness, while an important consideration, is not an absolute requirement for an award of profits for false advertising. A review of trial courts efforts to apply Romag shows that in the coming years, litigants can expect more robust litigation over the profits issue and, ultimately, more frequent awards of an infringer s profits.