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Senate anti-counterfeiting bill would give firms statutory damages up to $1 mil..

This article was originally published in The Gray Sheet

Executive Summary

SENATE ANTI-COUNTERFEITING BILL WOULD ALLOW STATUTORY DAMAGES for manufacturers as an alternative remedy to actual losses in sales from counterfeit goods. Introduced by Senate Judiciary Committee Chair Orrin Hatch (R-Utah) on Aug. 9, S 1136 would allow plaintiffs to claim "an award of statutory damages for any such use in the amount of (1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services," or "(2) if the court finds that the use of the counterfeit mark was willful, not more than $1 mil. per counterfeit mark."
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