David Donahue was a panelist on American University Washington College of Law’s Supreme Court IP Series: Romag Fasteners v. Fossil, Inc., on January 14th. The panelists discussed the Supreme Court’s oral argument in the case, which took place earlier that day. The case involves the question whether under Section 35 of the U.S. Trademark (Lanham) Act, the infringer’s profits may only be awarded if the plaintiff proves that the infringement was willful.