Professional Documents
Culture Documents
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PATAGONIA, INC.,
Plaintiff,
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v.
NOLAN SMITH, ALEX
TOMASZEWSKI, DOE
DEFENDANT NO. 1,
Defendants.
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This lawsuit seeks to stop Nolan Smith, Alex Tomaszewski, and Doe
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and goodwill. Defendants are manufacturing, selling, and offering apparel products
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that bear Patagucci logos and designations that mimic Patagonias famous trade-
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mark and logo and copy artwork that belongs to Patagonia, including through the
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Clara Street, Ventura, California 93001. Patagonia has been designing, developing,
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and marketing clothing for more than forty years. Today, Patagonia and the
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PATAGONIA brand are famous around the world for innovative apparel designs,
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resides at 212 Grandville Avenue SW, Apt. 502, Grand Rapids, Michigan 49503.
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pany that, on information and belief, is headquartered at 4848 Colt Street, #12,
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designs on apparel products, and selling said products to Mr. Smith and
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Mr. Tomaszewski.
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(the Lanham Act), as amended by the Trademark Dilution Revision Act of 2006
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(15 U.S.C. 1051, et seq.). Patagonias claims for copyright infringement arise
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States Copyright Act (17 U.S.C. 101, et seq.). This Court has jurisdiction over
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such claims pursuant to 28 U.S.C. 1338(a) and 1338(b) (trademark and unfair
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in this district. Doe Screenprinter is located in and does business in this district,
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including with Mr. Smith and Mr. Tomaszewski. Patagonia is informed and
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believes that Mr. Smith resides and does business in this district, and that Mr. Smith
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and Mr. Tomaszewski own and operate an interactive website that is accessible by
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Internet users in this district and offers their services and products to residents of
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California and this judicial district. The infringing products that Doe Screenprinter
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manufactures and sells to Mr. Smith and Mr. Tomaszewski, and which Mr. Smith
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and Mr. Tomaszewski advertise and offer to purchasers through their website, are
is informed and believes, Defendants have produced products and made sales in
California and this judicial district, and have delivered their products here.
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tual property in this district, and a substantial part of the events giving rise to the
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Yvon Chouinard started Patagonia in the late 1960s to design and sell
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ferentiate the business from another family business that designed and manufactured
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climbing gear and tools. Patagonia was chosen as the trademark to call to mind
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romantic visions of glaciers tumbling into fjords, jagged windswept peaks, gauchos,
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and condors. Since at least 1973, the PATAGONIA brand has appeared on a multi-
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colored label inspired by a silhouette of the jagged peaks of Mt. Fitz Roy skyline
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PATAGONIA has become one of the most identifiable brands in the world. Its
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products sold under the PATAGONIA brand now include a range of active sport-
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swear, including products designed for climbing, skiing and snowboarding, surfing,
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fly fishing, and trail running, which are sold around the world. It also sells
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Over the years, Patagonia has earned accolades for every aspect of its
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business. Its products have won numerous awards for their technical merit, includ-
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ing, most recently, Outside Magazines Gear of the Year in 2014 and 2015; the
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National Geographic Adventure Blog Gear of the Year award in 2010, 2013,
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and 2014; and the Editors Choice and Top Pick awards from OutdoorGearLab.
In 2015, Yvon Chouinard, Patagonias founder, was inducted into the American
Patagonia also has won numerous awards and certifications for its
dangers of pesticide use and synthetic fertilizers used in conventional cotton grow-
ing, Patagonia began exclusively using organically grown cotton and has continued
that use for nearly twenty years. It was a founding member of the Fair Labor
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organization that audits apparel factories. Additionally, since 1985 Patagonia has
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restore our natural environment, donating more than $70 million. In 2002,
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Patagonias founder Yvon Chouinard, along with others, created a non-profit called
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1% For the Planet to encourage other businesses to do the same. Today, more than
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1,200 member companies have donated more than $100 million to more than 3,300
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Californias first B Corporations, ensuring Patagonia could codify into its corporate
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mark, and for its distinctive multi-colored logo depicting the Mt. Fitz Roy skyline
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(the Fitz Roy Design), for a wide ranging assortment of products. Among these
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Trademark
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PATAGONIA
Reg. No. /
Reg. Date
1189402/
February 9,
1982
08/1974
1294523/
September
11, 1984
08/19741981
1775623/
June 8, 1993
08/1988
1811334/
December 14,
1993
08/1990
2260188/
July 13, 1999
Computerized on-line
10/1995
ordering activities in the
field of clothing and accessories; Providing information in the field of technical
clothing and accessories
for use in recreational,
sporting and leisure activeties; providing information
in the field of existing and
evolving environmental
issues
2392685/
October 10,
2000
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Goods
Date of
First Use
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PATAGONIA
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PATAGONIA
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PATAGONIA.COM
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Trademark
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PATAGONIA
Reg. No. /
Reg. Date
2662619/
December 17,
2002
Goods
Date of
First Use
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These registrations and applications for the PATAGONIA mark and logos are in full
force and effect. The registrations have become incontestable under 15 U.S.C.
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In addition Patagonia owns common law marks, including a logo that uses waves in
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place of the Fitz Roy skyline on a multi-colored background (the Wave Design):
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Collectively, these marks, Patagonias other registered trademarks, and its common
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law marks are referred to as the PATAGONIA trademarks. Patagonia also owns
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a registered copyright (Reg. No. VA 1-801-788) for the Fitz Roy Design, and has
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applied for a copyright registration of its copyright for the artwork used in the Wave
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entitled to the broadest scope of protection, and certain of the PATAGONIA trade-
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For many years prior to the events giving rise to this Complaint and
continuing to the present, Patagonia annually has spent enormous amounts of time,
money, and effort advertising and promoting the products on which its
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trademarks are also advertised and promoted and presented at point of sale by
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Patagonia has sold its PATAGONIA brand products all over the world,
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including throughout the United States and in California. Through its promotion
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and investment in its brand and extensive sales, publicity, awards, and leadership in
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within the meaning of the Trademark Dilution Revision Act; the PATAGONIA
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trademarks enjoy strong consumer recognition, and are recognized around the world
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and throughout the United States by consumers as signifying high quality products
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market and sell a line of products under the brand name PATAGUCCI and to
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identify their retail services with the PATAGUCCI designation. Making it clear that
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the brand designation is intended to refer to Patagonia, Defendants have copied the
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font in the PATAGONIA trademark, as well as the artwork in the Fitz Roy and
Wave logo designs, and used them as part of their own logo. On information and
Mr. Smith and Mr. Tomaszewski, and the two individuals sell PATAGUCCI
Mr. Tomaszewski advertise and market their products through, without limitation,
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PATAGUCCI designations and logos by, without limitation, (a) noting in the care
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label of their garments that they are authentic PATAGUCCI products, and
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(b) alleging that other products bearing the PATAGUCCI LOGO are fake.
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Mr. Tomaszewski but, on information and belief, belongs to Defendants Mr. Smith
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and Mr. Tomaszewski jointly. The site advertises the following products which
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were the object of a test purchase by Patagonia to confirm its information and belief
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18.
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mark became famous within the meaning of the Trademark Dilution Revision Act
PATAGONIA mark.
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bines the PATAGONIA trademark with the GUCCI trademark. Given, however,
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that Defendants have faithfully reproduced Patagonias Fitz Roy and Wave logo
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likely that consumers will believe that the PATAGUCCI products originate from
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Patagonia rather than Gucci. Unless consumers believe that Gucci has authorized
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this use of its mark, consumers are likely to believe that Patagonia has misappropri-
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ated the GUCCI mark and its associated goodwill. The famous Patagonia trademark
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will be diminished in the eyes of consumers who form a belief that Patagonia has
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designations, and have obtained and continue to profit from such sales.
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harm for which money damages and other remedies are inadequate. Unless
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Defendants are restrained by this Court, they will continue and/or expand their
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illegal activities and otherwise continue to cause irreparable damage and injury to
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a.
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among consumers and the trade as to the source of the infringing products;
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tiate its products from those of its competitors, and tarnishing the PATAGONIA
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trademark; and
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e.
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products.
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injunctive relief against Defendants and all persons acting in concert with them.
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FIRST CLAIM
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Defendants have used, in connection with the sale, offering for sale,
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entitled to recover Defendants unlawful profits and Patagonias damages, and treble
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the amount of its damages and Defendants profits, and to an award of attorneys
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that requires Defendants to stop use of the PATAGUCCI designation and the use
SECOND CLAIM
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of symbols or devices tending falsely to describe the infringing products, within the
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entitled to recover Defendants unlawful profits and Patagonias damages, and treble
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the amount of its damages and Defendants profits, and to an award of attorneys
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that requires Defendants to stop use of the PATAGUCCI designation and the use
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THIRD CLAIM
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the meaning of the Trademark Dilution Revision Act of 2006, 15 U.S.C. 1125(c),
and was famous prior to Defendants adoption of and initial uses of the
PATAGUCCI designation.
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entitled to recover Defendants unlawful profits and Patagonias damages, and treble
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the amount of its damages and Defendants profits, and to an award of attorneys
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1116(a) and 1125(c) that requires Defendants to stop use of the PATAGUCCI
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designation and the use and ownership of the patagucci.clothing domain name and
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website.
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FOURTH CLAIM
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Patagonia owns the copyrights for its Fitz Roy Design and Wave
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Defendants have copied, advertised, offered for sale, and/or sold copies
of the Fitz Roy Design and Wave Design without Patagonias authorization or per-
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Patagonia alleges that Defendants acted intentionally, willfully, and in bad faith
when they reproduced, advertised, distributed, displayed, and/or sold the infringing
designs.
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enjoined, will continue to cause Patagonia to suffer irreparable harm for which
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there is no adequate remedy at law, and has also caused damage to Patagonia in an
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amount which cannot be accurately computed at this time but will be proven at trial.
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entitled to injunctive relief, as well as actual damages and any profits earned by
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WHEREFORE, Patagonia prays that this Court grant it the following relief:
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1125(c);
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successors, assigns, affiliates, and joint ventures, and any person(s) in active concert
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or participation with them, and/or any person(s) acting for, with, by, through, or
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under them, be enjoined and restrained at first during the pendency of this action
for sale, distributing, advertising, or promoting any goods or services that display
any product or service that bears the PATAGUCCI designation or any other
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PATAGONIA trademark;
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reputation;
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f.
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successors, assigns, affiliates, and joint ventures, and any person(s) in active concert
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or participation with them, and/or any person(s) acting for, with, by, through, or
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under them, be enjoined and restrained at first during the pendency of this action
Patagonias copyrighted Fitz Roy Design and Wave Design, including, without
the Fitz Roy Design and Wave Design or any other copyrighted materials owned by
Patagonia; and
c.
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Adjudge that Defendants, within thirty (30) days after service of the
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Courts judgment, be required to file with this Court and serve upon Patagonias
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counsel a written report under oath setting forth in detail the manner in which they
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Adjudge that Patagonia recover from Defendants its damages and lost
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profits, and Defendants profits, in an amount to be proven at trial (and, with respect
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any time before final judgment is rendered, award Patagonia statutory damages of
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are attributable to their illegal acts, and that Patagonia be awarded (1) Defendants
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profits and (2) all damages sustained by Patagonia, under 15 U.S.C. 1117, plus
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prejudgment interest;
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Adjudge that all such other relief be awarded to Patagonia as this Court
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Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP
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Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP
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