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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts litigation in U.S.