Ocean Tomo director Alexander Clemons along with Ocean Tomo Managing Director Cate Elsten, recently authored an article that was published in Landslide, the bi-monthly magazine of the American Bar Association, Intellectual Property Law (ABA-IPL) section. Their article “Uncertainty in Awarding Defendant’s Profits in Langham Act Cases after Romag”, appeared in the May/June issue and is […]
Disgorgement
Supreme Court Decision in Romag Fasterners Inc. v. Fossil Inc. et al.
Thursday’s Supreme Court decision in Romag Fasterners Inc. v. Fossil Inc. et al. that willfulness should not be an “inflexible precondition” for disgorgement of defendant’s profits in trademark cases has now become one of the relatively few cases from the highest Court that speaks to monetary awards in such cases. What will – or should – […]