H.I.S.C, Inc. v. Franmar International Importers, Ltd.

Background Following trial, the jury awarded Defendants $265,977.00 for their counterclaim |{that Plaintiffs committed trade dress infringement in violation of 15 U.S.C. § 1125(a). 4 || Verdict, ECF No. 210. On February 22, 2019, the Court entered final judgment on > Plaintiffs’ claims and Defendants’ counterclaims, documenting the award. Judgment, No. 213. Plaintiffs appealed the judgment, and the Ninth Circuit Court of Appeals 7 || affirmed both the jury verdict and the Court’s denial of request for a new trial on June 23, ||2020. Mandate & Order, ECF No. 263. The Court of Appeals also denied Defendants’ request for attorney’s fees on appeal. Order, ECF No. 262.

willful infringement of Defendants’ trade dress, as well as attorney’s fees and costs pursuant to 15 U.S.C. § 1117(a). Legal Standards A. Treble Damages or Enhanced Damages — . Under 15 U.S.C. § 1117(a), a prevailing party may recover (1) the infringing 16 || party’s profits, (2) damages sustained by the injured party, and (3) the costs of the action. ‘Where the case involves a counterfeit mark, damages are trebled absent …