David Donahue and Sean F. Harb were among the authors of the U.S. Supreme Court brief submitted by the International Trademark Association (INTA) as amicus curiae in Romag Fasteners Inc. v. Fossil Inc. INTA’s brief argues that while willfulness is an important equitable factor in determining whether to require a trademark infringer to disgorge profits, it should not be treated as a prerequisite to profit disgorgement under Section 35 of the U.S. Trademark (Lanham) Act.