In Search of BIGFOOT: Corrective Advertising Remedies in U.S. Trademark Infringement Actions-Part 2
INTA BulletinJanuary 15, 2015
Zelle Hofmann partner Christopher Micheletti wrote an article titled, "In Search of BIGFOOT: Corrective Advertising Remedies in U.S. Trademark Infringement Actions—Part 2,” that was published in the January 15, 2015 issue of the INTA Bulletin.
This article is part two of a two-part series discussing the current requirements for—and the current limitations placed on—the corrective advertising remedy in U.S. trademark infringement actions. Part one was published in the January 1, 2015 issue of the INTA Bulletin and addressed the general requirements for the remedy, discussed cases in which affirmative injunctive relief was ordered requiring acts of corrective advertising by the defendant, and identified a split among the courts on the propriety of a monetary damage award when the plaintiff did not expend sums on corrective advertising in advance of trial. This part focuses on the standards for obtaining and quantifying a monetary award for past or future corrective advertising, and provides tips as to when and how trademark owners should consider such relief as a potentially effective remedy for trademark infringement.
To read the article in full, please click here.
