In Romag Fasteners, Inc. v. Fossil, Inc., the Federal Circuit decided two issues. First, the Federal Circuit confirmed that laches can be a defense to legal relief in a patent-infringement suit. Second, under Second Circuit law, willfulness is required for the recovery of profits in a trademark-infringement case. The Federal Circuit rejected Romag's argument that the 1999 amendment to the Lanham Act manifested congressional intent to change the willfulness requirement for the recovery of profits. Moreover, the Federal Circuit rejected the contention that these amendments abrogated Second Circuit case law holding that a finding of willfulness was a prerequisite to recovering an infringer's profits. Accordingly, because the jury found that Fossil did not willfully infringe Romag's trademark, the Federal Circuit upheld the district court's conclusion that Romag was not entitled to recover Fossil's profits.
To view the Court's Opinion, please click here.
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