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.
Recommended Citation: Romag Fasteners, Inc. v. Fossil, Inc., SCOTUSblog, https://www.scotusblog.com/cases/romag-fasteners-inc-v-fossil-inc/