The 9th Circuit may have changed the strategic calculus for lawyers who prosecute trademark counterfeiting suits. In a published opinion Tuesday, the court said an auto parts company suing over the unauthorized use of its logo couldn't collect $100,000 in fees because it had opted to seek statutory damages, which amounted to $20,000, instead of actual damages. An IP attorney who was not involved in the case said the ruling may discourage some anti-counterfeit enforcement actions.
December 19, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The 9th Circuit may have changed the strategic calculus for lawyers who prosecute trademark counterfeiting suits.
In a published opinion Tuesday, the 9th U.S. Circuit Court of Appeals said an auto parts company suing over the unauthorized use of its logo couldn’t collect $100,000 in fees because it had opted to seek statutory damages, which amounted to $20,000, instead of actual damages.
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