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Bruhn's representations to Polo during this period nonetheless led Polo to believe that Bruhn had ceased selling and shipping the shirts. Formerly the Coast Weekly newspaper. Your notification has been saved. First, the remedy is available only in "exceptional cases. If the defendants sincerely intend not to infringe, the injunction harms them little. if they do, it gives Polo substantial protection of its trademark.

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After Bruhn realized that the shirts it had purchased from Pickens were not genuine Polo shirts, it sold some of the shirts to other retailers at cost. The investigation did not concern any aspect of the fire itself and the Salinas Fire Department determined that arson was not a cause of the fire. In this case, the district court refused to grant an injunction because the plaintiffs had not introduced any specific evidence to demonstrate that the defendants would infringe in the future. While we reject the "profits" characterization of these receipts, we do agree that the court did not impose an adequate remedy for the "at cost" sales. We acknowledge that, since the institution of this action, the Lanham Act has been amended to provide for criminal penalties for trafficking in counterfeit goods.

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Argued and Submitted May 16, No racism, sexism or any sort of -ism that is degrading to another person. Become a Member Today. On the facts of this case, we decline to interfere in his performance of the function Congress assigned to him when it enacted section

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Description: The legal standards it applied, however, are subject to de novo review. Award of Profits on the Sale of Shirts at Cost. There we reversed a district court's refusal to award attorneys' fees under section In fact, Bruhn did not cease disposing of the shirts until March 26, ten days after suit was filed. The defendants' conduct in this case is less blameworthy. The statute also provides for attorneys' fees awards as the norm in cases of this sort. It would be unconscionable not to provide a complete remedy including attorney fees for acts which courts have characterized as malicious, fraudulent, deliberate, and willful.
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