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· 11/1/2005

Western Diversified Services, Inc. v. Hyundai Motor America, Inc.

Citations

  • 427 F.3d 1269
  • 77 U.S.P.Q. 2d (BNA) 1132
  • 2005 U.S. App. LEXIS 23558
  • 2005 WL 2858011

How courts have described this case

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

  • holding that either actual damages or willful actions will merit the award of disgorgement of profits
  • recognizing a court has discretion to reduce or eliminate a profit award in fashioning an equitable remedy to meet the needs of each case
  • finding inference of intent to benefit from plaintiff’s goodwill where defendant appropriated two of plaintiff’s identical marks that 17 referred to substantially similar products aimed at the same group of consumers
  • award of profits is proper as means to deter willful infringement

Source: CourtListener parenthetical corpus (CC0).

Judges: Ebel, McWilliams, Friot

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.