She Take My Money When I’m in Need: Arguments in Favor of Retaining the Willfulness Requirement in the Lanham Act’s Monetary Relief Provision by G. Ian Peng

Introduction Section 35(a) of the Lanham Act[1] addresses monetary remedies for trademark infringement and false designation claims.[2] Before 1999, this section entitled the plaintiff-trademark owner to potentially receive the defendant’s profits, damages sustained by the plaintiff, and the costs of the action, if there is a violation under § 43(a) of the Lanham Act (concerning