Confidential
Settlement – $1,000Facts
In September of 1992, Plaintiff, owner of a well-known trademarks for watches, instituted an aggressive campaign to sue counterfeiters of their watches. Their investigation apparently determined that there were numerous small companies which sell counterfeit watches with Plaintiff's trademarks on the watches. Plaintiff obtained a seizure order against Defendant logo shop, and at the seizure, observed the operation of the Defendant logo shop. Defendant logo shop purchased watches from Defendant importer with Defendant importer's own trademark on them. Defendant logo shop then removed the faces of the watches and replaced them with faces having Plaintiffs' well-known trademarks on the watches. At depositions of the officers of Defendant logo shop, they described their logo shop operation and testified that they did not obtain counterfeit watches from Defendant importer. Plaintiffs accused Defendant logo shop as well as Defendant importer (and other unrelated Defendants) of infringing Plaintiff's trademarks and design patent. Defendant logo shop settled with the Plaintiffs for an undisclosed amount. Defendant importer filed a counterclaim.
Settlement Discussions
Counter-defendant (Plaintiff) waived all claims for damages and Counter-claimant (Defendant) importer waived all claims for sanctions pending at the time of the settlement. The importer agreed to the same injunction in its three Rule 68 offers enjoining it from infringing Plaintiff's trademarks and patent in suit.
Damages
not disclosed.
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