Civil Litigation,
Intellectual Property,
Corporate
Jun. 12, 2017
Trademark infringement damages keep going, and going
The law allows for substantial monetary awards, which can rapidly snowball beyond any true damage done to plaintiffs.
Richard L. Kirkpatrick
Retired Partner
Pillsbury Winthrop Shaw Pittman LLP
Email: rkirkpatrick@pillsburywinthrop.com
Richard is author of "Likelihood of Confusion in Trademark Law" (second edition), published by the Practising Law Institute with semi-annaul supplements.
The usual picture of a trademark counterfeiter is a makeshift manufacturer in a bad part of town or shady character behind a table of knock-offs at a flea market. And while Congress has enacted criminal and civil anti-counterfeiting laws with stiff penalties, the zeal of legislators produced a civil statute so comprehensive that it can catch in its toils reputable companies that inadvertently stumble into the scope of its broad wording. Ironically, such companies may include some of the ve...
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