Maia Magee, who has a secret recipe for her popular Dalmatia fig jam, and Dalmatia Import Group, sued a distributor last year who allegedly sold counterfeit Dalmatia jam and a competing product based on her recipe. It’s noteworthy that Ms. Magee has received the first jury verdict under the 2016 Defend Trade Secrets Act. A Pennsylvania jury found trade secret misappropriation, along with trademark infringement and counterfeiting, and awarded about $2.5 million in damages. The award is expected to exceed $5 million after the trademark damages are trebled due to counterfeiting. The jury absolved Dalmatia’s supplier and distributor of willfulness on all claims and declined to award punitive damages.

The law firm McDermott Will & Emmy represented the Plaintiff. Michael Nadel led the Plaintiff’s litigation team, along with Natalie Bennett and associate Jennifer Routh, all from the firm’s Washington, D.C. office. Lauren Handel of the Handel Food Law Firm was also on the team.

Source: The National Law Journal



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