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U.S. Code as of:
01/19/04
Section 1117. Recovery for violation of rights
(a) Profits; damages and costs; attorney fees
When a violation of any right of the registrant of a mark
registered in the Patent and Trademark Office, a violation under
section 1125(a) or (d) of this title, or a willful violation under
section 1125(c) of this title, shall have been established in any
civil action arising under this chapter, the plaintiff shall be
entitled, subject to the provisions of sections 1111 and 1114 of
this title, and subject to the principles of equity, to recover (1)
defendant's profits, (2) any damages sustained by the plaintiff,
and (3) the costs of the action. The court shall assess such
profits and damages or cause the same to be assessed under its
direction. In assessing profits the plaintiff shall be required to
prove defendant's sales only; defendant must prove all elements of
cost or deduction claimed. In assessing damages the court may enter
judgment, according to the circumstances of the case, for any sum
above the amount found as actual damages, not exceeding three times
such amount. If the court shall find that the amount of the
recovery based on profits is either inadequate or excessive the
court may in its discretion enter judgment for such sum as the
court shall find to be just, according to the circumstances of the
case. Such sum in either of the above circumstances shall
constitute compensation and not a penalty. The court in exceptional
cases may award reasonable attorney fees to the prevailing party.
(b) Treble damages for use of counterfeit mark
In assessing damages under subsection (a) of this section, the
court shall, unless the court finds extenuating circumstances,
enter judgment for three times such profits or damages, whichever
is greater, together with a reasonable attorney's fee, in the case
of any violation of section 1114(1)(a) of this title or section
220506 of title 36 that consists of intentionally using a mark or
designation, knowing such mark or designation is a counterfeit mark
(as defined in section 1116(d) of this title), in connection with
the sale, offering for sale, or distribution of goods or services.
In such cases, the court may in its discretion award prejudgment
interest on such amount at an annual interest rate established
under section 6621(a)(2) of title 26, commencing on the date of the
service of the claimant's pleadings setting forth the claim for
such entry and ending on the date such entry is made, or for such
shorter time as the court deems appropriate.
(c) Statutory damages for use of counterfeit marks
In a case involving the use of a counterfeit mark (as defined in
section 1116(d) of this title) in connection with the sale,
offering for sale, or distribution of goods or services, the
plaintiff may elect, at any time before final judgment is rendered
by the trial court, to recover, instead of actual damages and
profits under subsection (a) of this section, an award of statutory
damages for any such use in connection with the sale, offering for
sale, or distribution of goods or services in the amount of -
(1) not less than $500 or more than $100,000 per counterfeit
mark per type of goods or services sold, offered for sale, or
distributed, as the court considers just; or
(2) if the court finds that the use of the counterfeit mark was
willful, not more than $1,000,000 per counterfeit mark per type
of goods or services sold, offered for sale, or distributed, as
the court considers just.
(d) Statutory damages for violation of section 1125(d)(1)
In a case involving a violation of section 1125(d)(1) of this
title, the plaintiff may elect, at any time before final judgment
is rendered by the trial court, to recover, instead of actual
damages and profits, an award of statutory damages in the amount of
not less than $1,000 and not more than $100,000 per domain name, as
the court considers just.
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