Brewer v. Claypool

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• plaintiff visited retailers “throughout the United States” to “inspect and quarantine counterfeit” products before bringing suit
• “To establish a claim for common law unfair competition, ‘the plaintiff must state a Lanham Act claim coupled with a showing of bad faith or intent.’”
• “The sale of counterfeit goods is sufficient use to establish liability.”
• “[T]he Second Circuit has indicated that a bad faith presumption only attaches to an unfair competition claim if a defendant was at least aware of its use of counterfeits.” (citing Lorillard Tobacco Co., 378 F. Supp. 2d at 456–57)
• discussing statutory damages for non-willful infringement of registered marks

Source: CourtListener parenthetical corpus (CC0).