Statutory damages for counterfeit trademark

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August undefined, 2024

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 WebThe 1984 amendments to the Lanham Act provided trademark owners with enhanced damages and took a much more aggressive approach in trademark counterfeit litigation. …

Statutory Damages in Trademark Cases - Trends and …

WebJul 1, 2016 · Under trademark law, the amount of statutory damages can range from a low of $1,000 for innocent infringement to a high of $2,000,000 for willful infringement. [6] … WebThese Acts also amend the Lanham Act, 15 U.S.C. § 1501 et seq., to create stronger remedies in civil cases involving the intentional use of a counterfeit trademark. They … broward estates elementary

Procedures and Strategies for Anti-Counterfeiting: United States

Web“counterfeit mark,” it refers to a civil action under “section 1114(1)(a),” which (as noted above) establishes the cause of action for counterfeiting and includes a likelihood of confusion requirement. 15§ 1116(d)(1)(A). U.S.C. Second, 15 U.S.C. § 1117 authorizes statutory and treble damages for counterfeiting, and again refers to Section WebThe Ninth Circuit's recent interpretation of the Lanham Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to receive statutory damages in a counterfeiting case instead of opting for actual damages, it may also be barred from recovering its attorneys' fees. WebIn addition to the standard damages provided under the federal Lanham Act, 15 U.S.C. § 1051, et seq., a party found to be liable for trademark counterfeiting, may be liable for … broward estates

Opting for Statutory Damages in a Counterfeiting Case May …

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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. broward estates elementary school lauderhillWebMay 16, 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 willful counterfeiting. Anti-counterfeiting online broward estates florida

"WebIn a case involving a violation of section 1125(d)(1) of this title, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than … In any action arising under this chapter, in which a violation of any right of the … " - Statutory damages for counterfeit trademark

Statutory damages for counterfeit trademark

How To Defend Against Trademark Counterfeit Claim

WebJoint Statement -- Part H. Treble Damages And Atty's Fees; 1713. Trademark Counterfeiting -- Second Element -- The Defendant's Trafficking Or Attempt To Traffic Was Intentional; 1714. Trademark Counterfeiting -- Third Element -- The Defendant Used A "Counterfeit Mark" On Or In Connection With Such Goods Or Services; 1715. Trademark ... WebA mark can be deemed counterfeit whether or not the party using it knew it was registered or not. A plaintiff has the right to file for actual damages, though these may be hard to …

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WebJan 17, 2024 · The mark is "identical with, or substantially indistinguishable from" the genuine trademark. 18 U.S.C. § 2320 (d) (1) (a) (ii). This element assures that not every … 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 …

WebMay 11, 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 WebApr 15, 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 elect statutory …

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 … 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 …

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).

WebSep 18, 2013 · That could go to damages, but ultimately, i can be up to 2 million dollars on the civil side. So you could be a named defendant. The trademark owner would sue you, and the litigation would commence with the hopes, at least from a trademark owner’s standpoint, of getting that high damages amount. But civil liability isn’t the only thing. broward estates flWebJun 3, 2024 · Statutory Damages for Trademark Infringement. Plaintiff’s monetary loss (actual damages) Attorneys’ fees and costs (only in exceptional cases); and. … broward estore millenniumWebThe vast majority of statutory damage awards for trademark counterfeiting are awarded by a judge as opposed to a jury trial. For cases that are heard in front of a jury, awards are … broward equipment bradenton flWebNov 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... ever decreasing circles series 1 episode 1WebJan 14, 2024 · It also seeks punitive damages, reimbursement of lawyer fees and statutory damages of $100,000 per alleged infringing domain name. Taking a Hard Line Against Alleged Counterfeits Nike has a... broward event finderWebThe 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), … ever-decreasing meaningWebThe 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), Lanham Act Section 35 (c).) [7] The Electronic Communications Privacy Act provides for statutory damages for various wiretap offences of $100 per day, up to $10000. [8] everde growers canal point fl