Michael Greenberg Image

Michael Greenberg

is an attorney in the Fort Lauderdale Office of Lewis Brisbois. His practice focuses on intellectual property and complex commercial litigation and appeals. Prior to entering private practice, he served as a judicial clerk at the Florida Fourth District Court of Appeal.

For More information or to contact Michael, please visit his Firm Profile Page.

Recent Articles by Michael Greenberg

Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award

On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. to decide whether a successful trademark plaintiff must establish that infringement was willful as a hard prerequisite to an award of the infringer’s profits, rather than being just one of multiple factors to be weighed when determining entitlement to a profits award. Under the latter scheme, profits may be awardable even if the infringement was not willful. Taking the Justices’ comments at face value, it seems likely that Romag will prevail and profits may be disgorged for less-than willful infringement.