Martin Gusy and Matthew Weldon, members of Cozen O’Connor’s Commercial Litigation Department, recently obtained a $1 million award of statutory damages on behalf of C=Holdings B.V., the Dutch owner of the iconic Commodore computer brand and associated trademarks. The dispute involved a claim by Asiarim Corporation that it owned the Commodore trademarks. Judge Richard J. Sullivan in the Southern District of New York tried the case as a bench trial. The case ultimately turned on emails brought to light during aggressive discovery by Martin and Matt. Judge Sullivan found the emails showed a “convoluted and ham-fisted effort [by Asiarim] to concoct post-facto evidence of the purported transfer” of the trademarks. He further found that, upon cross examination, Asiarim’s witnesses reinforced that conclusion. In addition to granting judgment to C=Holdings B.V., the court also ordered Asiarim to file a corrective statement with the SEC regarding its false ownership claims and to publish a corrective statement to customers “explaining the Court’s findings in this action.”

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