Posted by M. Arthur Auslander on March 01, 1999 at 06:08:06:
In Reply to: Trademark Infringement-Important Question posted by Chuck on February 27, 1999 at 12:02:57:
: Could anyone tell me what happens if a company like Rolex or Gucci threatens to take you to court. What happens if they catch you selling ONE replica watch. If it goes to court what type of damages would one half to pay. Any information would be greatly appreciated.
: Thanks
Some of the big companies run street operations to catch infringing vendors. There is a set up in the law, for either copyright and or trademark where seizures can be made on an open court order. "Replica" will not save the vendor. There is usually extra liability for willful infringment. There may be criminal liability for copyright and trademark infringement. There are punitive damages in the trademark law. I don't think there are punitive damages in the copyright statute but the judge can award attorneys fees quite freely to the prevailing party and each offense can be charged up to 100k in statutory damages. Don't even make a mistake and do this. Yes I see street vendors all the time done this. Thisw does not change the facts of liability.
M. Arthur Auslander
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