This term the Supreme Court is tackling two centrally important trademark topics. In Romag Fasteners, Inc. v. Fossil, Inc., the Court will seek to resolve a circuit split over the criteria for a disgorgement of profits in trademark case, and in particular whether a finding of willfulness is required. In Lucky Brands Dungarees, Inc. v. Marcel Fashion Group, Inc., the Court will decide whether preclusion prevents a party from raising in defense to a new trademark claim issues that could have raised in prior litigation between the parties. Anthony Lo Cicero of Amster, Rothstein & Ebenstein, LLP will discuss these two cases and the likely impact that they will have on affected industries and lawyers advising those industries.