Imagine That IP Law Blog

Fiction and reality collide. The Netflix series Designated Survivor included a story line about a viral outbreak in Louisiana; a devastating pandemic was looming. Fictional president Tom Kirkman learns that the fictional cancer drug Extasis, being developed by fictional Pharm. Co. Benevax, showed promise to defeat the virus. Fictional CEO Carlton Mackie and the fictional President had a heated exchange in the oval office where Carlton Mackie ineptly tried to explain the economics of drug development. The fictional President chewed him out, and then used a political strategy to ... Read More ›

On Thursday, April 23, 2020, in the case Romag Fasteners, Inc. v. Fossil Group, Inc., the Supreme Court held that the statutory provision governing remedies for violations in the Trademark Act, §1117(a), does not require a showing of willfulness in order for a plaintiff to recover profits in an infringement action arising under Trademark Act, 15 U.S.C. § 1125(a). This decision could tip the scales in favor of trademark owners.

The case involved a fastener manufacturer, Romag, that originally contracted with Fossil, to allow Fossil to use Romag’s magnetic snap fasteners for ... Read More ›