Romag Fasteners v. Fossil
Romag Fasteners, Inc. v. Fossil Group, Inc. · 2020 · Supreme Court of the United States
What happened
The Supreme Court held that wilfulness is not an absolute prerequisite to an award of the infringer's profits, resolving a split among the circuits.
The money
No reliable public figure. This dispute matters for the rule it settled rather than for a damages number, and many trademark matters resolve on confidential terms.
What it means for your business
Innocent infringement can still cost you profits. "We did not know they existed" reduces your exposure but no longer reliably eliminates the largest component of it — which raises the value of a clearance search considerably.