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C&M Obtains Total Offset of Treble Damages

Client Alert | 1 min read | 02.21.14

In U.S. ex rel. Purcell v. MWI Corp. (D.D.C. Feb. 10, 2014), which C&M defended, the district court zeroed out a $22.5 million treble damages jury award against the defendant, finding that the $108 million in payments to the government by the third-party borrower of the loans at issue were offsetting compensatory payments. The court rejected the government's alternative arguments that no offset be applied or that any offset be limited to the jury's $7.5 million single damages award as without any legal support and contrary to the fact that the government had already been "made completely whole" and "gotten what it paid for" by the payments already received, concluding that only penalties were appropriate.


Insights

Client Alert | 4 min read | 12.04.25

District Court Grants Preliminary Injunction Against Seller of Gray Market Snack Food Products

On November 12, 2025, Judge King in the U.S. District Court for the Western District of Washington granted in part Haldiram India Ltd.’s (“Plaintiff” or “Haldiram”) motion for a preliminary injunction against Punjab Trading, Inc. (“Defendant” or “Punjab Trading”), a seller alleged to be importing and distributing gray market snack food products not authorized for sale in the United States. The court found that Haldiram was likely to succeed on the merits of its trademark infringement claim because the products at issue, which were intended for sale in India, were materially different from the versions intended for sale in the U.S., and for this reason were not genuine products when sold in the U.S. Although the court narrowed certain overbroad provisions in the requested order, it ultimately enjoined Punjab Trading from importing, selling, or assisting others in selling the non-genuine Haldiram products in the U.S. market....