Damages

Evidence of actual injury to plaintiffs from defendant’s infringement of mark for bowling balls was sufficient to sustain award of damages, despite fact that plaintiffs were not producing bowling balls at time of infringement, since plaintiffs did not collect royalties from defendant’s use of mark, and since plaintiffs intend to resume use of the mark, which may require corrective advertising.  (Zelinski v. Columbia 300 Inc., 67 USPQ2d 1446, CA 7, 7/10/03).

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