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Silhouette Int'l Schmied AG v. Chakhbazian, 2004 WL 2211660, 2004 U.S. Dist. LEXIS 19787 (S.D.N.Y. Oct. 4, 2004) (unpublished opinion).
Trial Court Proceedings Edit
Defendant failed to file an answer, and the court entered default against defendant on all claims. The court enjoined defendant from using the SILHOUETTE mark and awarded compensatory damages, costs, and attorney’s fees in an amount to be determined.
At issue in this decision was plaintiff's request for monetary relief, which was not opposed. Because defendant did not provide any discovery, plaintiff sought statutory damages for counterfeiting. Finding the infringement to be willful, the court awarded $250,000 in statutory damages. The court also awarded $49,596.50 in attorney’s fees and $3,957.80 in costs.
- This page uses content from Finnegan's Internet Trademark Case Summaries. This entry is available under the Creative Commons Attribution-Share Alike License 3.0 (Unported) (CC-BY-SA).