Sterne Kessler Secures Brand Protection Victory in District Court for VW & Audi

Sterne, Kessler, Goldstein and Fox prevailed for clients Volkswagen Group of America, Inc. and Audi AG in an anti-counterfeiting action against Andy Varona and his company Verotec Wheels, Inc. for their sale of counterfeit Audi wheel sets on eBay. The court found that Varona willfully infringed Audi’s trademark and design patent rights warranting enhanced statutory damages and the award of attorneys’ fees. Specifically, the court trebled the statutory damages award because of the willfulness of Varona’s conduct, then doubled it for deterrence. The court further increased that amount by 25% for the harm to Audi’s reputation and goodwill. In sum, the court awarded $1,156,534.24 in damages and fees in favor of Volkswagen Group of America, Inc. and Audi AG due to the “strong need to deter Defendants’ wrongful conduct and discourage other potential infringement.” The case 1:19-cv-24838-JG Volkswagen Group of America, Inc. v. Varona, et al was heard in the US District Court Southern District of Florida Miami Division.

The Sterne, Kessler, Goldstein & Fox team representing Volkswagen Group of America, Inc. and Audi AG includes: Directors Nicholas Nowak, Daniel Block, Monica Riva Talley and Associates Matt Zuziak and Paige Cloud. Read more about the case here.