This article reviews an important decision in a trademark litigation appeal by a very influential court (the Second Circuit Court of Appeals, which includes in its jurisdiction cases filed in New York). The appeal in question focused on two questions: the standard by which a Circuit Court will decide to overturn a District Court's decision to stay (or not stay) civil litigation pending a parallel criminal proceeding; and whether a plaintiff in a trademark counterfeiting case can be awarded both statutory damages and attorneys' fees. This article goes into great detail on the court's reasoning, and the practical implications thereof, on both questions.
- Summary by FizzLaw Team
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Fees, won’t you stay