U.S. Supreme Court Rejects Willfulness Prerequisite for Disgorgement of Profits Award

On April 23, the U.S. Supreme Court resolved a split among the U.S. Courts of Appeals, finding in Romag Fasteners, Inc. v. Fossil Group, Inc. that willfulness is not a threshold requirement for an award of disgorgement of profits. On behalf of the Supreme Court, Justice Neil Gorsuch delivered an opinion holding that “a trademark defendant’s mental state is a highly important consideration,” but is not an “inflexible precondition” for a disgorgement award.