Seattle Trademark Lawyer

A new bill would increase the amount of exemplary damages available to remedy violations of Washington’s Consumer Protection/Unfair Business Competition Act, the state’s analog to the Lanham Act. 

Currently, plaintiffs proving a claim under RCW 19.86 can obtain an injunction, actual damages, costs of suit, reasonable attorney’s fees, and triple the amount of actual damages up to $10,000 per violation. The amendment would retain each of these remedies except it would replace the trebling up to $10,000 with a discretionary award of “up to fifty thousand dollars….”

The bill, S-5815, was introduced by Democrats Brian Weinstein, Adam Kline, Erik Poulsen, Tracey Eide, Ed Murray, Craig Pridemore, Craig Oemig, and Ken Jacobsen. It has been referred to the Committee on Consumer Protection & Housing.

If enacted, the amendment would be a boon to plaintiffs and would make life for defendants in Washington correspondingly more difficult.