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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 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 Because most of the language in the statute stands contrary to Fossil’s position, Fossil focused on the phrase “subject to the principles of equity.”