Legal Question in Intellectual Property in Washington

Trademark infringement damage claims

We have purchased promotional items with our trademark attached as give-aways to clients/potential clients. Produced of these items has used our marks in printed catalogs without our permission. We are territorial and wish to discourage continued use, and would like to demand damages to strengthen our request. How does one assess damages? Are there proscribed penalties for infringement? We've also encountered this in websites,but one can immediately see compliance, so we have not pursued damages previously. Thanks,


Asked on 10/09/02, 6:00 pm

1 Answer from Attorneys
Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: Trademark infringement damage claims

Is your mark registered at the USPTO? Registered marks are entitled to up to treble damages (3X) in certain instances and attorney's fees. What did your agreement with the company say? Did you grant a license for them to use your mark for promotional purposes?

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Answered on 10/09/02, 6:06 pm


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