One Way Of Getting To $2 Million In Damages
Start with a famous mark such as ROLL ROYCE, have defendant copy it, have defendant not show up, have two plaintiffs awarded $1 million each.
Decision Rolls Royce Default
How To Get To $2.5 Million In Damages
How Motorola was awarded $2,508,703.31 in damages in a counterfeiting case in the Southern District of NY. Discussion of statutory damages and analysis of legal fees.
Decision Motorola Damages
Adidas' Payless Damages Reduced From $304M to $64M
FortMillTimes: “Judge Lowers Award In Payless-Adidas Lawsuit”
Background here.
Excerpt From Adidas Verdict – Photo Of Non-infringing Model
This is an excerpt from the verdict (see below). A ‘yes’ check indicates that the jury found for Adidas.
Text of Adidas Payless Verdict – Photos Of Infinging Sneakers
There were approximately 290 different models of striped sneakers involved in the Adidas case. In a quick scan I only saw one model that the jury didnt’ find to be infringing. This verdict clearly suggests that Adidas ‘ trademark rights extend to two stripes and four stripes with varying placement on the shoe.
Adidas Wins $76.5m per Stripe Against 4 Stripe Shoe
Oregonian coverage here.
Info Law comments here.
One colleague’s reaction: “Yikes!”
Excellent pre-trial discussion by 43(B)log, including discussion of use of opinion by trademark counsel to negate willfulness here.
Is $305 million the largest US Trademark Verdict Ever?
Pfizer/Trovan was $143m (initially) after trial, maybe 12 years ago. I can’t remember anything that has come close since until this. Adidas was just awarded $305 million against the operator of the Payless store chain, for a three stripe infringement. That’s more than $100m per stripe. If you’re aware of a higher damages award in a trademark case, send it in.
UPDATE: This seems to be a jury trial in the District Court of Oregon, 3:01-cv-01655. The most recent filing indicates that the jurors were in deliberation yesterday and: “Nine juror lunches ordered from the Lotus Cardroom and Cafe, and from Anne’s Deli.” Really, that was on Pacer.
UPDATE: Here is the text of the original complaint.
Come On, He Had To Have Heard of Tyler Green
Cogito Ergo Teneo: Lawyers for Tyler Green, former Philadelphia Phillie and owner of Tyler Green Sports, sues registrant and owner of TylerGreenSports.com, and fails to prove defendant’s behavior, including testlfying that he had never heard of Tyler Green, was exceptional.
- 2(a) False Connection
- abandoment
- Abandonment / Residual Goodwill
- Advertising
- Ambush Marketing
- Appellations of Origin
- Branding
- But Is It Art?
- Circuit Court Decisions
- Commercial Speech
- Compatibility / Replacement Parts
- Contracts
- Contributory/Vicarious Liability
- Copyright
- Copyright Fair Use
- Corporate Names
- Coulrophobia
- Counterfeits
- Damages
- Dastar
- Dawn Of The Donut
- Decaratory Judgement
- Digital Rights Management
- DMCA
- Domain Names
- Ethics Professional Responsibility
- EULA
- Extraterritorial Application
- False Advertising
- False Endorsement
- Famous Marks
- Fashion
- Fees and Costs
- First Amendment
- Franchise
- FRE 408
- General blogging affairs
- Genericide
- Geography
- Grey Goods
- Hot News / Misappropriation
- Ideas, Protection of
- Inherent Registrability
- Initial Interest Confusion
- Insurance
- International
- Irony
- Legislation
- Libel/Defamation
- Likelihood of Confusion
- Linking
- Lionel Hutz
- Litigation
- Madrid Protocol
- Miscellany
- Music Copyright
- Non Disclosure
- Non-Traditional Trademarks
- Olympics
- Open Source
- Other People's Mail
- Pan American Convention
- Paris Convention
- Parody/Speech
- Personal Jurisdiction
- Pleading
- Podcasting
- Post purchase confusion
- Priority
- Protection of Data
- Public Domain
- Recently Filed Suits
- Reverse Confusion
- Right of Publicity/Privacy
- RSS and Data Aggregation
- Russia
- Scandalous and Immoral!
- School Names
- Search Engines
- State Trademarks
- Stoller
- Surname
- THe Sacred Right to One's Name
- Third Party Practice
- TITWIITWTW
- Trade Dress
- Trade Libel
- Trade Secret
- Trademark Fair Use
- Trademark Practice
- Trademark Trolls
- Uncategorized
- User Generated Content
- Venue
- Virtual Worlds
- What Is This Thing Called Dilution?
- YouTube
