GBC attorneys Patrick Burns, Amy Ziegler, Justin Gaudio and Allyson Martin drafted an amicus brief on behalf of the Intellectual Property Law Association of Chicago (IPLAC) that was filed with the Supreme Court of the United States in the matter of Romag Fasteners v. Fossil, Inc., et al., Docket No. 18-1233. Rachel Miller, a law student at Loyola University School of Law, assisted in drafting the brief. The question presented to the Supreme Court in this case is whether, under section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer’s profits for a violation of 15 U.S.C. § 1125(a). Along with other legal associations, IPLAC argued that a showing of willful infringement should not be required in order to obtain a defendant’s profits for violating § 1125(a).
To view the brief, please click here (hyperlink to https://www.supremecourt.gov/DocketPDF/18/18-1233/116563/20190920154007612_18-1233%20ac%20The%20Intellectual%20Property%20Law%20Association%20of%20Chicago.pdf).