Fees, Statutory Damages Don't Mix In 9th Circuit

Law360, New York (February 13, 2008, 12:00 AM EST) -- The Anti-Counterfeiting Consumer Protection Act (“ACCPA”) of 1996 introduced the concept of statutory damages to the Lanham Act, a remedy that is traditionally associated with copyright infringement.

The ACCPA amended Section 35 of the Lanham Act, which sets forth available remedies. Section 35(c) gave plaintiffs the option of statutory damages for trademark counterfeiting in lieu of actual damages or profits.

Under Section 35(c), a court may award statutory damages from $500 to $100,000 per type of goods or services. If the use of the counterfeit mark...
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