Counterfeit Merchandise Sales Result in Summary Judgment of Infringement, but Not of “Trademark Counterfeiting”; Middle District of GA Clarifies Statutory Damages Standards

Introduction As puzzling as it may first seem, a seller of merchandise bearing counterfeit trademarks might not be found liable for “trademark counterfeiting.”  Selling such merchandise does not establish counterfeiting liability without a showing of intent.  Nevertheless, a defendant’s use of a counterfeit mark, regardless of intent, allows […]

Wall Street Journal Law Blog Praises Middle District of Georgia Judge for His Common Sense

The July 12, 2012 debut of this blog happened to cover a decision by U.S. District Judge Clay D. Land, of the U.S. District Court for the Middle District of Georgia, resolving a patent case preliminary injunction motion.  Subsequent entries covered decisions by other Middle District judges in other intellectual property (“IP”) matters […]