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Statutory damages for counterfeit trademark

WebThe statutory damages can be as little as $500 or as significant as $100,000 for every counterfeit good sold. If the court deems that the sales were willful, the amount of … WebJul 23, 2014 · The court concluded that an award of $3,000 per trademark for each of the 15 counterfeited trademarks at issue, for a statutory damages award of $45,000, was appropriate. The court was also asked to award to Coach attorney’s fees of $14,780 pursuant to §1117 (a) (3).

Taking an Aggressive Stance Against Counterfeiters: An …

WebJun 3, 2024 · Statutory Damages for Trademark Infringement. Plaintiff’s monetary loss (actual damages) Attorneys’ fees and costs (only in exceptional cases); and. … WebApr 14, 2024 · The district court instructed the jury that Sullivan could receive separate statutory awards for 33 acts of infringement on 33 individual illustrations, which were the subject of two separate US ... the middle season 9 spoilers https://britishacademyrome.com

Statutory damages - Wikipedia

WebFeb 18, 2016 · Statutory damages apply to federally registered trademarks and can range from $1,000 to $200,000 for non-willful infringement and up to $2,000,000 if trademark owner can prove willfulness. Your trademark attorney would be in a better position to evaluate your case and advise you of your options. Good luck. WebJan 30, 2009 · The availability of statutory damages under Section 35(c) was intended to "strengthen the hand" of trademark owners by allowing them to obtain monetary recovery … WebAug 14, 2014 · Under the statute, statutory damages for counterfeiting are to amount to not less than $1,000 or more than $200,000 per counterfeit mark, per type of goods or … how to cure a whooping cough

Counterfeit vs. Trademark Infringement: What Is the Difference?

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Statutory damages for counterfeit trademark

15 U.S. Code § 1117 - Recovery for violation of rights

WebCourts have a wide range of discretion in setting statutory damages. A court may award $500 to $100,000 per counterfeit mark per type of goods or services. If the infringement … WebThey provide mechanisms for obtaining statutory damages, treble damages and attorney's fees. 15 U.S.C. § 1117. The Lanham Act also provides for ex parte application by a trademark owner for a court order to seize counterfeit materials and instrumentalities where it can be shown that the defendant is likely to conceal or transfer the materials.

Statutory damages for counterfeit trademark

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WebMay 26, 2024 · These range from $1,000 to $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed. If the court finds the defendant willfully … WebThe statutory damages are based upon the "willfulness" of the counterfeit: (1) if the court finds the use of the counterfeit mark was not willful, the statutory damages will be not …

WebApr 13, 2024 · The jury issued a statutory damages award of $3.6 million. Flora appealed. In its decision on the first appeal , the Seventh Circuit adopted the independent economic value test to address the standard for determining whether multiple related works of authorship are each entitled to a separate statutory damages award, or if the related works ... WebThe Lanham (Trademark) Act provides for minimum damages of $1000 and a maximum of $2,000,000 (if willful) for using a counterfeit trademark in commerce (15 U.S.C. § 1117(c), …

WebApr 12, 2024 · Enhanced damages and statutory damages are available in trademark infringement litigation Easier proof of the elements of trademark infringement in trademark infringement litigation Additional causes of action become available for … WebDec 8, 2024 · The Lanham Act allows the owner of an infringed trademark registration in a case involving the use of a counterfeit mark to recover statutory damages of between $1,000 and $200,000 for innocent violations. The enhanced amount can reach as high as $2 million per infringement when it is willful.

WebApr 15, 2024 · These statutory damages range from $1,000 to $200,000 per type of good on which each counterfeit mark is used, or up to $2 million per type of good for wilful counterfeiting. Anti-counterfeiting online

WebMay 11, 2024 · Because evidence of actual sales or profits is often difficult, if not impossible, to obtain in counterfeiting cases, federal law permits trademark owners to … how to cure a zombie villager javaWebA person who suffers damage by reason of a wrongful seizure under this subsection has a cause of action against the applicant for the order under which such seizure was made, and shall be entitled to recover such relief as may be appropriate, including damages for lost profits, cost of materials, loss of good will, and punitive damages in … how to cure a wine hangoverWebNov 24, 2012 · Selling such merchandise does not establish counterfeiting liability without a showing of intent. Nevertheless, a defendant’s use of a counterfeit mark, regardless of intent, allows the... how to cure a zo