Tag: statutory damages

Discovery of Accused Contributory and Vicarious Infringer’s Tax Returns and General Financial Information Denied for Lack of Assertion of Theory to Recover its Profits

Introduction With a recent order that issued from the Southern District of Georgia, Savannah Division, Coach, Inc. and Coach Services, Inc. (collectively “Coach”) continue to add to the body of case law from Georgia federal courts on trademark and copyright issues.[1]     On December 19, 2012, in an […]

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 […]