An award of statutory damages for trademark counterfeiting and infringement under the U.S. Trademark Act can be accompanied by attorney fees, a federal appeals court ruled on March 29.
Resolving an unsettled question, the U.S. Court of Appeals for the Second Circuit said a lower court was within its authority to award Louis Vuitton Malletier $556,934 in legal fees and costs under 15 U.S.C. §1117(a) of the act while also ordering $3 million in statutory (as opposed to actual) damages against counterfeiters who imported more than 300,000 handbags, wallets and other knockoffs resembling the products of Louis Vuitton, Burberry and other companies.
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