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SAN FRANCISCO, July 22, 2013 — A Covington trial team on Friday won a $3.6 million jury verdict in California federal court after a jury found that apparel giant Quiksilver Inc. willfully infringed World Marketing, Inc.’s longstanding federally registered “VISITOR” brand.
Following a six-day trial before U.S. District Judge David O. Carter in Santa Ana, Calif., the eight-member jury unanimously found that Quiksilver willfully infringed World Marketing’s brand after launching its clothing and apparel brand VSTR, promoted by champion surfer Kelly Slater. Quiksilver publicly advertised that the brand should be pronounced “visitor.”
The jury found that World Marketing was entitled to reasonable royalties and punitive damages as a result of Quiksilver’s willful infringement. World Marketing, a family-owned company based in New York, has been selling clothing and apparel under its VISITOR trademark for more than 20 years, including at stores like Saks Fifth Avenue, Macy’s, and Men’s Wearhouse.
“We are grateful that the jury upheld World Marketing’s rights to its VISITOR brand and sent a strong message that there are consequences when a company is found to have disregarded the intellectual property of others,” said Hope Hamilton, Special Counsel at Covington & Burling.
The Covington trial team included Neil Roman, Clara Shin, Hope Hamilton, Lisa Wang and Matt Kellogg of the firm’s San Francisco and Washington offices.