Hinkhouse Williams Walsh

Willful Blindness in Trademark Counterfeiting Actions.

Under the “willful blindness” doctrine a court may impose enhanced damages for the distribution of counterfeit merchandise if the accused fails to inspect a product he believes is counterfeit because he is afraid of what the inquiry would yield. Courts have increasingly used this doctrine to impose enhanced damages on defendants even in the absence of evidence indicating willfulness. This article explains the expansion of the willful blindness doctrine and outlines ways technology companies can avoid liability under the doctrine.

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