Tag: Trademark Litigation

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Similarity in Advertising and the Trademark Infringement Analysis

Written by Mark Terry Does the type of advertising employed by a defendant in a trademark infringement case matter? Yes it does. In fact, it is one of several key factors that are central to a trademark infringement case. As a Miami Trademark Attorney currently representing litigants in multiple trademark infringement cases in the Southern District of Florida, advertising and its relation to the trademark infringement analysis are subjects that have come up more than once in a dispute. It is standard in a trademark infringement case to discover information about advertising employed by the defendant, since similarity in advertising media is one of

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Can You Get Punitive Damages for Trademark Infringement?

Written by Mark Terry Can you get punitive damages in a Trademark Infringement case? In short, the answer is yes, but only in certain cases and certain jurisdictions. This is an issue that often comes up in trademark infringement cases where compensatory damages are not adequate to compensate the aggrieved party. As a Miami Trademark Lawyer currently litigating trademark infringement cases in the Southern District of Florida, I am constantly dealing with the subject of damages. Punitive damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which spawned the lawsuit. The purpose of

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Can you get attorneys fees in a Trademark Infringement suit under the Lanham Act?

Written by Mark Terry Can you get attorneys fees in a Trademark Infringement suit under the Lanham Act? In short, the answer is yes, but only in exceptional cases. This is an issue that often comes up in lawsuits of all types, especially intellectual property cases. As a Florida Intellectual Property Attorney, damages are a topical subject I’m often asked about. As the prevailing party under the Lanham Act, a party is entitled to an award of attorney’s fees in “exceptional cases.” 15 U.S.C. § 1117. Intentional, deliberate or willful conduct is usually sufficient to make out an “exceptional case.” See, e.g., Playboy

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Is the Registrant’s Financial Data Relevant to Damages in a Trademark Infringement Case?

Written by: Mark Terry How do you calculate damages in a Trademark Infringement case? Is the financial data of the Plaintiff relevant when calculating damages in a trademark infringement case? This is an issue that often comes up during the discovery phase of a trademark infringement case. As a Miami Trademark Attorney currently involved in multiple trademark infringement cases in the Southern District of Florida, the subject of calculating damages is always in the forefront of my mind. With regard to a federal trademark infringement claim under the Lanham Act, a Plaintiff can elect to recover actual or statutory damages pursuant to 15 U.S.C.

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Update on the Aftermath of In re Bose and Fraud on the Trademark Office

Written by Mark Terry  What has happened in the courts and the Trademark Trial and Appeal Board (TTAB) since In re Bose? Surprisingly, not much. As a trademark attorney in Miami with a large trademark docket, fraud on the trademark office is a topical issue I continually follow. You are well aware that last year’s Bose decision – In re Bose Corp., 580 F.3d 1240 (Fed. Cir. 2009) – has completely changed the criteria for finding fraud on the Trademark Office. The Bose fraud criteria can be summed up as follows: “in order to prove fraud, [the charging party] must show that [1] a statement was false, [2]

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