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| | United States - Effect of Failure to Conduct a Trademark Search |
 | | Securacom, Inc. et al, the District Court of New Jersey had found that the defendant infringed the plaintiff's prior rights to the SECURACOMM name and had awarded to the plaintiff, SecuraComm Consulting, Inc. ("SecuraComm Pennsylvania") profits, treble damages and attorney's fees based on a finding that the defendant's infringement had been willful. |
 | | Plaintiff SecuraComm Pennsylvania had also argued that Securacom New Jersey's former chief executive officer knew of SecuraComm Pennsylvania, that the knowledge of a corporate officer is imputed to a corporation, and that, as a result, such knowledge should be imputed to Securacom New Jersey, thereby supporting a finding of willfulness. |
 | | The Third Circuit dismissed this argument, too, noting that there was no evidence suggesting that Securacom New Jersey's former officer had disclosed his knowledge to his successor at the company and that, in any event, imputed knowledge was insufficient to support a finding of bad faith and an equitable monetary award. |
| www.ladas.com /BULLETINS/1999/0899Bulletin/US_TMFailToSearch.html (433 words) |
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