LUXOTTICA GROUP, S.p.A., an Italian Corporation, and OAKLEY, INC., a Washington Corporation, Plaintiffs, v. AIRPORT MINI MALL, LLC, a Georgia Limited Liability Company doing business as Old National Discount Mall, YES ASSETS, LLC, a Georgia Limited Liability Company, CHIENJUNG YEH, also known as Jerome Yeh, and DONALD YEH, Individually, Defendants., 2017 U.S. Dist. LEXIS 35019

Summary

HOLDINGS: [1]-On alleged infringers' objection to submitting the issue of statutory damages under the Lanham Act to the jury at trial, the court determined that the issues related to the trademark owners' election for an award of statutory damages, including the amount of any damages to award under 15 U.S.C.S. § 1117(c), would be submitted to a jury because the United States Supreme Court holding, that U.S. Const. amend. VII provided a right to a jury trial on statutory damages under 17 U.S.C.S. § 504(c) of the Copyright Act, also applied to statutory damages for trademark counterfeiting.