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