Tag Archives: Copyright infringement

Average Joe SCOTUS: Romag Fasteners v. Fossil

We’re all familiar with Fossil, I assume. They sell handbags and shit. Well, there’s a small Connecticut company, Romag Fasteners, that almost 20 years ago, entered into an agreement with Fossil to supply them with magnetic fasteners for their handbags.

Fossil has their shit made in China, because that’s what you do these days. Can we all agree China plays pretty fast and loose with intellectual property? They’re the fucking worst with that shit. Communists don’t believe in intellectual property, because they’re fucking commies who don’t believe you can own a fucking thing, certainly not intellectual property.

Anyway, there’s one licensed distributor of Romag fasteners in China, and the Fossil plant in China decided to pinch a few pennies, and have a company replicate the fastener cheaper, and use those instead, all apparently unbeknownst to Fossil HQ here in the US.

Some wily ass Romag employee saw the bags at Macy’s, with the Romag name on the fasteners, but that clearly wasn’t one of their fasteners. So they were like, “You motherfuckers!”

So clearly this is a trademark issue, and it’s wrong. The problem is, Fossil argues they were clueless. And they can’t be held liable for wrongdoing when they didn’t know they were doing anything wrong.

Romag of course is saying, you assholes made money off our name, so fucking pay us. Whether you know or not, doesn’t matter.

In a unanimous decision, SCOTUS was entirely unimpressed with Fossil’s argument, siding with Romag, that Fossil owes them money. Ignorance isn’t a fucking excuse.

Hear oral arguments and/or read about the case and the opinions here.