Senate anti-counterfeiting bill would give manufacturers statutory damages up to $1 mil..
This article was originally published in The Rose Sheet
Executive Summary
SENATE ANTI-COUNTERFEITING BILL WOULD ALLOW FOR STATUTORY DAMAGES at the discretion of the courts as an alternative to actual losses from counterfeit goods. Introduced by Sen. Orrin Hatch (R-UT) on Aug. 9, S 1136 would allow plaintiffs to claim "an award of statutory damages for any such use in the amount of (1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services," or "(2) if the court finds that the use of the counterfeit mark was willful, not more than $1 mil. per counterfeit mark."
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Marketing In Brief
ModiFace launches forecasting tool: Toronto-based virtual makeover firm introduces ShadeCast, a makeup sampling and forecasting tool based on behavioral tracking. ShadeCast is used in conjunction with iPhone application MakeUp, which allows consumers to virtually try on makeup in hundreds of shades from brands including Revlon, Cover Girl, Lancome and Clinique. ShadeCast offers 1,000 cosmetic shades from 40 brands and assigns a ShadeScore "to approximately position the [app's] hottest and most sampled color." ModiFace exec Nikkie Gatto likens the app to radio music playlists, helping consumers "looking to capture the current look, but also provide vital market intelligence to our retail channel partners," she says in Nov. 3 release. "The value of data to demonstrate the aggregate behavior will help the industry predict the latest trends and help cosmetic manufacturers better understand the color and products which most resonate with online and iPhone virtual makeover users," the company says