This is a motion for summary judgment in an action for, inter alia, trade-mark infringement. The Plaintiffs alleged sale and offering for sale of counterfeit Harley-Davidson goods. The Defendants denied the manufacture, sale and offer for sale of the goods. The Court held that there is no dispute that the Plaintiffs hold the asserted trade-marks and that the goods purchased are counterfeit.
The Court found that the Plaintiffs established the facts necessary for a finding of trade-mark infringement and passing off. The Court assessed damages based on a minimum compensatory basis. Punitive damages were awarded “to sanction the blatant disregard of the law by the Defendants.” Solicitor-client costs were denied but costs under Column V were awarded to address the higher legal fees resulting from the conduct of the Defendants.