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Punitive Damages Trademark Infringement

McDermott Will & Emery

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

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The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

Linda Liu & Partners

Application of Punitive Damages in Intellectual Property Rights Infringement Cases

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Punitive damage is a special form of civil liability, which could achieve the purpose of punishment while making up for losses. On 3 March 2021, the Supreme People’s Court issued the Interpretation of the Supreme People’s...more

McDermott Will & Emery

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Linda Liu & Partners

What's New on China's Punitive Damages in IP Litigation?

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Punitive damages system has been established for intellectual property infringement cases from the basic law to the special law in China. On March 3rd, 2021, the Supreme People's Court issued Interpretation on the Application...more

Linda Liu & Partners

What's New on China's Punitive Damages in IP Litigation?

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Punitive damages refer to the compensation determined by a court in excess of the actual loss of the right owner. In China, in infringement cases, the principle of compensatory damages has always been adopted, which is...more

Hogan Lovells

Highlights of China’s Supreme Court’s new Interpretation on punitive damages in IP cases

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The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application....more

Perkins Coie

Punitive Damages for Trademark Infringements in China - Developments and Best Practices

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China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in...more

Weintraub Tobin

The Second Circuit Vacates Tiffany & Co.’s $21 Million Judgment For Trademark Infringement And Counterfeiting Against Costco

Weintraub Tobin on

Almost five years ago, I wrote an article published in the Daily Recorder about a ruling in the Tiffany & Co. v. Costco Wholesale Corporation case filed in the United States District Court for the Southern District of New...more

Dorsey & Whitney LLP

Tiffany & Co. Jury Verdict Against Costco Loses All Its Luster

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It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more

Weintraub Tobin

You Must Prove Actual Damages If You Want Punitive Damages In An Infringement Action

Weintraub Tobin on

Imagine litigating an infringement case for two years, and after a nine day jury trial, obtaining a jury’s verdict that says you’ve established infringement and awards your client $5,000,000. Then you realize that the jury...more

International Lawyers Network

Businesses Beware: Depreciation in Goodwill Claims Not Bound By Industry Lines

The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more

Smart & Biggar

Not all pun and games: Federal Court not amused with cannabis company’s brand parody

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In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more

Smart & Biggar

Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation

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Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more

Proskauer Rose LLP

Three Point Shot - February 2020

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Smart & Biggar

5 reasons why Canada is an attractive jurisdiction for trademark litigation

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Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more

Hogan Lovells

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

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The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3...more

Ladas & Parry LLP

Amendments To China Trademark Law

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On April 23, 2019, the following amendments to the Trademark Law of the People’s Republic of China (PRC) were approved that should significantly help trademark owners defend their rights...more

Perkins Coie

China’s National Legislature Advances Changes to Trademark Law

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The Standing Committee of the National People’s Congress (NPC) announced amendments to the Trademark Law of the People’s Republic of China (PRC Trademark Law) on April 23, 2019. The amendments apply to six articles of the PRC...more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

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2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

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2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

BCLP

Tiffany’s Trademark Infringement Win a Costly Lesson for Costco

BCLP on

A federal district court has ordered Costco to pay Tiffany at least $19.4 million in a trademark infringement battle based on generic diamond engagement rings bearing the “Tiffany” name. Judge Laura Taylor Swain in the...more

Knobbe Martens

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Knobbe Martens on

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

Knobbe Martens

The Top Hits: Fashion Cases with a Big Impact

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Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

McDonnell Boehnen Hulbert & Berghoff LLP

Tiffany vs. Costco: Jury Awards Tiffany Substantial Damages for Costco’s Sale of Counterfeit Diamond Rings

In a highly publicized decision of over a year ago, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co., deciding that Costco Wholesale Corp., the...more

Knobbe Martens

Tiffany Wins the Generic Battle, and the Spoils of War are Significant

Knobbe Martens on

In February of 2013, high-end jeweler Tiffany & Co. sued Costco Wholesale Corp. in the federal court for the Southern District of New York for using the designation “Tiffany setting” since 2007 in the sale of two styles of...more

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