St. Louis Partner Ben Clark authored an article published July 22 by Bloomberg Law regarding the U.S. Supreme Court’s decision to hear arguments in Romag Fasteners Inc. v. Fossil Inc., a case which could have far-reaching implications for trademark infringement litigation going forward. The issue before the court is whether willful infringement is a prerequisite for an award of an infringer’s profits for a violation of Section 43(a) of the Lanham Act. “Experience shows that prosecution of an infringement lawsuit beyond a threshold request for equitable relief – or, indeed, whether suit will be filed at all – often turns on whether, under applicable circuit law, a meaningful damages remedy (disgorgement of profits) is available without the need to show willful conduct and/or to calculate an amount of actual damages,” Clark wrote. “The Supreme Court’s coming decision in Romag will likely tip that calculus in one direction or another. The stakes for trademark litigators and the clients they represent are high.”