Webwork - 1:26 pm on Nov 30, 2010 (gmt 0)
Has any court, ever, allowed trademark holders to "at least" recover money damages equal to the provable income or profits the hosting company (EBay, Google, etc.) earned from its role as the enabler/facilitator the illicit transactions?
If Tiffany has sufficient evidential proof that EBay "earned" :( $4 million from facilitating transactions in knock-offs then EBay should pay that back.
A turn over of illicit profits would not be a penalty or an award of damages so much as it would be a disgorgement or turnover of illicitly received funds, akin to but not as extreme as laws criminalizing "receiving stolen goods".