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


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


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

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

Filed under: Damages


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


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


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


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


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.

Filed under: Damages