9
Sep/14

Calculation of Damages in Counterfeit Fiberglass LAMBO Kits, ND Alabama




9
Sep/14

Large Damage Award in 43(a)(1)(B) case re lead paint removal – S. Carolina


Collecting permit fees from homeowners, then not filing for the permits, is likely not compliance with ‘strictest industry standards.’



25
Aug/14

Treble Damages Against Terminated Licensee


Filed under: Damages


25
Feb/10

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

Filed under: Damages


24
Aug/09

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

Filed under: Damages


13
Sep/08

Adidas' Payless Damages Reduced From $304M to $64M


FortMillTimes: “Judge Lowers Award In Payless-Adidas Lawsuit
Background here.

Filed under: Damages


7
May/08

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.
adidas payless non-infringing.jpg



7
May/08

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.

Read this doc on Scribd: adidas payless verdict


7
May/08

Adidas Wins $76.5m per Stripe Against 4 Stripe Shoe


payless 4 stripes.jpg
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.

Filed under: Damages


6
May/08

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.

Read this doc on Scribd: Complaint adidas trade dress 3 stripe
Filed under: Damages