Many consumer brands opt to battle counterfeiters in the Northern District of Illinois, for district judges have historically helped them receive relief when trying to protect their trademarks. The influx of cases within the district, however, has caused some judges to question whether they should reassess how they are handling these suits.
U.S. District Judge Manish Shah, indicated that he may rethink his typical damages-awarding practice and that counterfeiting plaintiffs could see "some increased skepticism" as a result of the court's concerns about the amount of counterfeiting cases on the calendar.
Law360 spoke with Finnegan partner Mark Sommers, who said, “Securing as large an award as possible against counterfeiters helps brands communicate not only to those counterfeiters but also to consumers that they're watching the market and care about preventing customer confusion.”
"Occasionally, there are opportunities to seize assets pursuant to judgments," Mark said. "Will you ever collect them to every penny? That's debatable, but having these larger awards sends a signal to those that are engaged in this type of conduct that it's unacceptable."
Read “Northern Ill. A Surprise Magnet for Counterfeiting Suits”
