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Scott E. Mollen Scott E. Mollen

Commercial Landlord Tenant—Watchmaker Awarded $1.1 Million in Damages Against Landlord Based on Landlord’s Contributory Infringement of Federally Registered Trademarks—Landlord Knew or Had Reason to Know Counterfeit Goods Were Being Sold on the Premises—Permanent Injunction Granted—Attorney Fees and Prejudgment Interest Denied—Contributory Trademark Infringement Claim Against a Landlord Was “Somewhat Novel”

A jury found that a defendant landlord had “failed to take remedial steps to prevent trademark infringement at [its building] even after it knew or had reason to know that counterfeit goods were being sold on the premises.” The jury found the landlord liable for contributory trademark infringement and awarded the plaintiff statutory damages of $1.1 million. The plaintiff had moved to amend the final judgment, to include a permanent injunction, attorney fees and prejudgment interest.

The plaintiff had alleged that the landlord had knowingly leased the subject premises to a tenant who sold counterfeit watches. The jury had found that the infringing marks were counterfeit and the landlord’s conduct had been willful. The jury awarded the plaintiff $275,000 for each of the four trademarks, for a total of $1.1 million.

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