Supreme Court Alters Trademark Landscape: A Discussion of Damages Post Romag



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Original Air Date:
May 28, 2020
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You may be able to self apply for credits in states not listed. BHBA provides CLE accreditation as described above. 

About the Program

The Supreme Court ruled April 23, 2020 in Romag v. Fossil that ?[a] plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff?s trademark as a precondition to a profits award.? This program will present an overview of trademark infringement remedies and the impact of the Supreme Court?s decision in Romag after years of conflict between the Circuits on willfulness. We?ll discuss the impact of the decision on trademark litigation and potential impact on other areas of law. Then, we?ll discuss theories used to recover costs lost by the trademark owner, including lost profits and remedial costs, and theories used to recover profits from the infringer, including unjust enrichment, deterrence, and proxy for owner?s damages. Finally, we?ll discuss the methods economic experts use to estimate damages.

Meet the Speakers
Leslie Schafer


Managing Director, Econ One Research, Inc.

Leslie Schafer is a Managing Director at Econ One Research, Inc. in Los Angeles, CA. As a testifying and consulting expert, she applies economic analysis and econometrics to liability and damages estimation for intellectual property, antitrust, health care, and other complex litigation matters. She also values intellectual property for joint ventures and other non-litigation contexts. Her analyses have covered a wide variety of industries ranging from information technology, health care, asset-based lending, and insurance to products such as consumer packaged goods, high-performance swimwear, vaccines, and power tools. Dr. Schafer has particular expertise analyzing large relational databases, cross-sections, and panel datasets of commercial transactions, health care claims, and pricing, especially in the large-scale, class action context

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Jonah A. Grossbardt



Jonah began his legal career practicing law in New York City at a firm that specialized in entertainment, securities and business litigation. He also has experience representing both corporate clients and individuals in transactional matters. Prior to commencing his career in law, Jonah worked in the jewelry industry in both design and marketing.

Upon moving to Los Angeles, Jonah continued honing his entrepreneurial skills by advising a growing start-up gourmet fast casual food operation. Jonah’s business background gives him great understanding of both how business works and how to solve disputes when they arise.

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Ryan E. Hatch


Hatch Law PC

Ryan Hatch is a registered patent attorney licensed to practice law in California and in Federal Courts throughout the United States. His practice focuses on intellectual property, civil litigation and counseling, with an emphasis on resolving patent, copyright, trademark, trade secret, and commercial disputes.

Mr. Hatch represents both patent owners and accused infringers in patent litigation and licensing disputes involving a wide range of technologies, including software, electronics, semiconductors, lighting equipment, health supplements, and nutritional products. Mr. Hatch holds a bachelor’s degree in Computer Science and has prior experience as a software engineer in the mobile electronics industry.

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