Tabberone is pronounced tab ber won |
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A course of legal action |
Baloney, again. James D. Aronowitz, Associate General Counsel for CLC, is implying he will recommend the "institutions" file a lawsuit against
the letter recipient. A hollow threat. That he will not do for a variety of reasons.
Courts rarely will award damages when the infringer is not willful. By immediately stopping the allegedly infringing activity, the defendant would have a strong argument against willingness which would virtually eliminate statutory damages. Actual dames have to be proven to the court by the rights owner. Courts rarely will award attorney fees even in extreme cases where they should. Almost all trademark infringement cases do not result in attorney fees. An award of profits against a small infringer results in little compensation. It just is not profitable for a rights owner to go after small, unwillful infringers. For James D. Aronowitz, Associate General Counsel for CLC, to recommend filing a lawsuit that resulted in little or no compensation, would be foolish and could result in his being fired. |