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Article: Trademark Owner's Choice Of Statutory Damages May Bar Recovery Of Attorneys' Fees.
- Article from:
- Mondaq Business Briefing
- Article date:
- February 6, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Slashing a trademark owner's award from $120,000 to $20,000, the U.S. Court of Appeals for the Ninth Circuit found that a plaintiff's election to receive statutory damages for trademark counterfeiting under the Lanham Act, in lieu of actual damages, bars the plaintiff from also recovering attorneys' fees. K & N Engineering, Inc. v. Bulat, 2007 WL 4394416 (9th Cir., Dec. 18, 2007) (Ikuta, J.).
The plaintiff, K& N Engineering, an aftermarket auto parts manufacturer, sued two individuals for selling unauthorized decals bearing its logo on eBay, alleging trademark infringement, trademark counterfeiting, and trademark dilution, as well as related state law and common ...