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LegalGround >> Gracies getting more and more famous


12/29/09 2:16 PM
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Subadie
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Member Since: 10/9/04
Posts: 1054
 
now they are on the California Jury Instructions:


Ninth Circuit Model Civil Jury Instructions
15.27 TRADEMARK DAMAGES—INTENTIONAL INFRINGEMENT
(15 U.S.C. § 1117(b))

If you find that the defendant infringed the plaintiff’s trademark, you must also determine whether the defendant used the trademark intentionally, knowing it was an infringement.

[Please answer the following question on the special interrogatory form: Do you find that the defendant intentionally used the trademark knowing it was an infringement?] ....

A court may enter judgment for a damage award under 15 U.S.C. § 1117(a) upon a finding of willfulness as well. See Sealy, Inc. v. Easy Living, Inc., 743 F.2d 1378, 1384 (9th Cir.1984) (district court found that conduct constituted willful and deliberate bad faith infringement of plaintiff’s trademarks that was intended to and in fact did result in deception of the public); Friend v. H.A. Friend & Co., 416 F.2d 526, 534 (9th Cir.1969) (defendant’s acts must be willful and calculated to trade upon the plaintiff’s goodwill). See also Horphag Research Ltd. v. Pellegrini, 337 F.3d 1036, 1042 (9th Cir.2003) (“Exceptional cases include cases in which the infringement is malicious, fraudulent, deliberate, or willful) Gracie v. Gracie, 217 F.3d 1060, 1068 (9th Cir.2000).
12/30/09 8:02 PM
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MMA Sports Agent
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Member Since: 7/21/09
Posts: 40
Interesting read.

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