Romag Fasteners, Inc. v. Fossil, Inc.
Petition granted, judgment vacated and case remanded for further consideration in light of SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC on March 27, 2017.
Issue: (1) Whether, under Section 35 of the Lanham Act, willful infringement is a prerequisite for an award of infringer's profits for a violation of Section 43(a), which prohibits trademark infringement through false representations regarding the origin, endorsement, or association of goods through the use of another's distinctive mark; and (2) whether and to what extent the defense of laches may bar an award for patent infringement brought within the Patent Act's six-year statutory limitations period, 35 U.S.C. § 286—the same issue this Court granted for plenary review in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.
| Date | Proceedings and Orders (key to color coding) |
|---|
| May 23 2016 | Application (15A1196) to extend the time to file a petition for a writ of certiorari from March 31, 2016 to August 15, 2016, submitted to The Chief Justice. |
| May 25 2016 | Application (15A1196) granted by The Chief Justice extending the time to file until August 15, 2016. |
| Aug 12 2016 | Petition for a writ of certiorari filed. (Response due September 12, 2016) |
| Aug 23 2016 | Order extending time to file response to petition to and including October 19, 2016. |
| Oct 19 2016 | Brief of respondents Fossil, Inc., et al. in opposition filed. |
| Nov 1 2016 | Reply of petitioner Romag Fasteners, Inc. filed. |
| Nov 2 2016 | DISTRIBUTED for Conference of November 22, 2016. |
| Mar 21 2017 | Supplemental brief of petitioner Romag Fasteners, Inc. filed. (Distributed) |
| Mar 22 2017 | DISTRIBUTED for Conference of March 24, 2017. |
| Mar 22 2017 | Letter received form counsel for respondent Fossil , Inc., et al.. (Distributed) |
| Mar 23 2017 | Supplemental brief of respondents Fossil, Inc., et al. filed. (Distributed) |
| Mar 27 2017 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 580 U. S. ___ (2017). |
| Apr 28 2017 | JUDGMENT ISSUED. |
