George Basch Co. v. Blue Coral, Inc.
United States Court of Appeals for the Second Circuit
968 F.2d 1532 (1992)
Relevant factsFree
George Basch Co. (plaintiff) sued competitor Blue Coral (defendant) under the Lanham Act for trade-dress infringement, alleging Blue Coral's packaging deceptively mimicked Basch's; a jury found for Basch and awarded $200,000 in damages, including an award of Blue Coral's profits, but also specifically found Blue Coral had not acted with deliberate intent to deceive or in reckless disregard of Basch's rights. Blue Coral appealed the profits award.
IssueFree
Whether a plaintiff in a trade-dress infringement case is entitled to a damages award of the defendant's profits only if the defendant acted with a willful intent to deceive the public.
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