Meet Lawyers in Litigation That Pitted Connecticut Manufacturer Romag Against Fossil Inc.
A trademark case involving a small Connecticut firm made its way to the U.S. Supreme Court, which ruled in favor of that firm Thursday. We take a look at the attorneys in the case.
April 24, 2020 at 02:22 PM
4 minute read
The U.S. Supreme Court ruled Thursday on a Connecticut trademark infringement case that featured attorneys from four firms that brought the case before the country's high court, including two Am Law 200 firms.
In Romag Fasteners v. Fossil, the U.S. Supreme Court addressed the question whether a trademark owner must prove that the defendant's infringement was willful in order to recover money as a remedy.
The backstory is that Fossil signed an agreement to use Romag fasteners in its products. Romag, a small Connecticut-based company, alleged that the handbags the defendant sold contained counterfeit Romag snaps.
A jury sided with Romag, but said the company didn't prove that Fossil's trademark infringement was willful, the Associated Press reported.
In writing for the court, Justice Neil Gorsuch, who remanded the case back to federal court in Connecticut for damages, said the infringement on the part of the defendant doesn't need to be willful for the plaintiff to be awarded damages.
There were heavy hitters representing both sides.
Here is a look at the primary attorneys who worked on the case that reached the U.S. Supreme Court.
Lisa Blatt, the lead counsel of record for Romag, serves as chairwoman of Williams & Connolly's U.S. Supreme Court and appellate practice in Washington, D.C. The firm ranks 86th on the Am Law 200 list of law firms.
Blatt has argued 39 cases before the country's highest court, according to the biography on her website. Of that amount, she has prevailed in 36 of them with one pending.
She has argued on a range of business law issues, her biography says, in federal and state courts of appeal. That work, her biography states, includes representing singer Marvin Gaye's heirs in their copyright dispute over hit songs "Got to Give It Up" and "Blurred Lines."
The National Law Journal named her one of the 100 most influential lawyers in the country.
Jonathan Freiman, a partner with Wiggin & Dana in New Haven, worked with Blatt to represent plaintiff Romag.
Freiman, according to the biography on his website, has represented companies, foundations, universities, individuals and sovereign nations in complex disputes and complex litigation.
Those victories, according to his biography, include reversals in eight-figure cases in the supreme courts of California, Georgia and Connecticut.
Freiman issued the following statement on the U.S. Supreme Court ruling: "Romag is pleased with the Supreme Court decision, which gives manufacturers an incentive to protect against counterfeiting in their global supply chains, and which helps protect the rights of small intellectual property owners like Romag."
On the other side was Neal Katyal, counsel of record for Fossil Inc.
Katyal is a former acting solicitor general of the United States. He focuses on appellate and complex litigation for Hogan Lovells in Washington, D.C., The firm ranks seventh on the Am Law 200 list,
No minority attorney has argued more cases before the U.S. Supreme Court than Katyal, according to the firm's website. The attorney has argued 41 cases before the country's highest court. He has also served as counsel of record hundreds of times in the U.S. Supreme Court, according to his biography.
The biography states that he has extensive experience in patent, constitutional, technology, securities, criminal, employment, and tribal law. Katyal did not respond to a request for comment.
Jeffrey Dupler, a partner with Gibney, Anthony & Flaherty in New York City, represented Fossil. He is head of the firm's litigation group. In that role, he advises clients on trademark infringement, unfair competition and copyright infringement claims.
He has also counseled brand owners, luxury goods manufacturers, and retailers in the prosecution and defense of intellectual property rights, according to his biography. Dupler didn't respond to a request for comment.
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