Sunday, May 16, 2010

Counterfeit Cartoon Costumes, and required notice for seizure and destruction under Article 15, section 1116(d)(1)(A)

Lyons P'ship, L.P. v. D&L Amusement & Entm't, 2010 U.S. Dist. LEXIS 28571 (E.D.N.Y. Mar. 2, 2010)

The company that owned intellectual property rights to the comic characters Barney, Baby Bop, Bob the Builder and Clifford the Big Red Dog brought an action for federal trademark, false designation of origin, copyright, and related state claims against Defendants for producing and selling infringing costumes portraying these characters. The Plainitff was not awarded remedies under Article 15, sections 1116(d)(1)(A) and 1118 for seizure and destruction of the infringing goods because the requisite ten day notice under section 1116(d)(1)(A) was not sent to Defendants. However, the Plaintiff was awarded statutory damages, attorneys fees and costs from each of the Defendants. Also, a permanent injunction was granted in favor of Plaintiff to prevent each Defendant from using the infringing trademarks and copyrights in commerce.

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