Silhouette v. Chakhbazian

Citation: Silhouette Int'l Schmied AG v. Chakhbazian, 2004 U.S. Dist. LEXIS 19787 (S.D.N.Y. Oct. 4, 2004).

Factual Background
Plaintiff manufactured eyewear under the federally registered trademark SILLHOUETTE. Defendant sold eyewear on the eBay auction site. Plaintiff filed suit for counterfeiting, infringement, and dilution, asserting that defendant was advertising and selling counterfeit eyewear on eBay.

Trial Court Proceedings
Defendant failed to file an answer, and the court entered default against defendant on all claims. The court enjoined defendant from using the SILHOUETTE mark and awarded compensatory damages, costs, and attorney’s fees in an amount to be determined. At issue in this decision was plaintiff's request for monetary relief, which was not opposed. Because defendant did not provide any discovery, plaintiff sought statutory damages for counterfeiting. Finding the infringement to be willful, the court awarded $250,000 in statutory damages. The court also awarded $49,596.50 in attorney’s fees and $3,957.80 in costs.

This page uses content from Finnegan’s Internet Trademark Case Summaries. This entry is available under the GNU Free Documentation License.