Attorney Kyle Kroll published an article in the December 2020 issue of Bench &  Bar of Minnesota about how “Lanham Act disgorgement just got more complicated.”

Kyle explains that the Supreme Court’s decision in Romag v. Fossil “granted courts greater latitude in disgorging lost profits.” Based on his review of the cases applying Romag in the last six months, he predicts that courts will now give more weight to other equitable factors when making disgorgement decisions. He clarifies that while “willfulness” is no longer necessary, it is still an “‘important [consideration]’ in a court’s disgorgement calculus.”

Read the full article online here, or download a PDF here.

December 1, 2020