Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World
The IP Law Blog
MARCH 2, 2021
All rights reserved. Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award? Showing a highly culpable mental state requires extensive discovery and isn’t likely to be considered a grave threat in most pre-litigation contexts.
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