(Solution Download) 1 Did the plaintiff have to show actual consumer confusion


1. Did the plaintiff have to show actual consumer confusion or a likelihood of consumer confusion to support its claim? Did the plaintiff succeed in meeting its burden of proof on trademark infringement?
2. How did the trial court calculate damages? Was its calculation correct? Which party has the burden of proof on determination of damages?
3. Under what circumstances may a court award attorneys? fees to a prevailing party under the Lanham Act?

McGills Glass Warehouse (?McGills?), an internet-based retailer of stained-glass supplies, and its owner Donald Gallagher, appeal from a district court judgment finding them liable for infringement of the registered trademarks ?Venture Tape? and ?Venture Foil,? and awarding the marks? owner, Venture Tape Corporation (?Venture?), an equitable share of McGills? profits, as well as costs and attorney?s fees. We affirm.

 







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