Focus (Forum & Focus)
Mar. 22, 2008
Leveling the 'Plain' Field
Focus Column - By David A. Gerber - Given the complex legislative history and policies behind a 9th Circuit finding on rewarding fees, other courts likely will come to different conclusions on the issue.
By David A. Gerber
This article appears no Page 7
Lanham Act Section 35, 15 U.S.C. Section 1117, sets out a Draconian array of monetary remedies for trademark counterfeiting: actual damages, the offender's profits, trebling of both, costs, statutory damages and two types of attorney fees.
In K and N Engineering Inc. v. Bulat, 2007 DJDAR 18574 (Sept. 24, 2007)...
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