Wednesday 11 February 2009

Manufacturer pays out $426,000 in damages and attorneys fees as a result of engaging in a useless exercise

"In Venture Tape Corp. v. McGills Glass Warehouse, 540 F.3d 56 (1st Cir. 2008), a case where a company embedded a competitor’s trademarks in its website via metatags and invisible white-on-white text, the First Circuit held that the company infringed its competitor’s marks and upheld the district court’s award of $230,339, representing the defendant’s estimated net profits during the period of infringement, and $188,583 in attorneys fees to the plaintiff."

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