Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World
The IP Law Blog
MARCH 2, 2021
At the Supreme Court, Romag argued that requiring willfulness for a profits award “flouts the plain text of section 35(a) and undermines the broader policies of the Lanham Act,” and is a “serious misinterpretation of federal law” that should not be allowed to stand. 7 While the statute makes willfulness a prerequisite to a pro?ts
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