Minnesota Lawyer Quotes Prof. Cotter on Supreme Court Trademark Law Decision

An article in Minnesota Lawyer (subscription required), titled “Profits More Available in Trademark Cases,” discusses the U.S. Supreme Court’s recent decision in Romag Fasteners, Inc. v. Fossil Group, Inc. The decision holds that willfulness is not an absolute requirement for an award of the infringer’s profits in a trademark infringement case. The article quotes Professor Tom Cotter, who states that “It will be easier for trademark owners to allege that the defendant has not only engaged in trademark infringement but potentially is liable for disgorging profits earned from the sale of allegedly infringing products,” and that “It will be more difficult for courts to dispose of these cases on a motion for summary judgement so more of them will go to trial. That raises the degree of uncertainty and the risk faced by defendants.”