The $ 164 million judgment against Tory Burch may sound like quite a large sum, but in actuality, it is not. For one, most of the judgment means that Burch must pay for the advertising costs that were accrued by his cybersquatting sites, and also the damages that were supposedly caused by those sites. But the damages that are supposedly caused by the sites were largely irrelevant to the defendant, who was ultimately found to be liable for only a few pennies on the dollar. For another thing, as per the terms of the judgment, Burch has the right to continue to make use of the domains until such time as he pays off the balance of his debt.

So how did this happen? It seems that Burch was never properly compensated for his services. His case was ruled inadmissible by the District Court, despite the fact that he had retained counsel to assist him with his case. Had the District Court allowed his lawsuit to proceed, then Burch would have been owed a large part of a hypothetically universal verdict which would have resulted in millions of dollars of damages being handed out to him. This would have been the same as if an innocent person were awarded millions due to some mistake made by a trial participant or an opposing party payment. Burch was never made a party to this payment and therefore cannot claim any form of compensation from it under any circumstances.

Instead of dealing with an ex-wife with whom Burch was involved in a legal battle, he settled with her in order to avoid the lengthy litigation that was likely to result in a long and expensive court battle. He actually received a check for approximately $1.35 million, far less than the customary figure of one hundred percent settlements. Had Burch won the case, he may have been entitled to as much as two to three billion dollars. Had his settlement was granted at that time, then he could have become the richest man in America. It is difficult to fathom how someone could allow this situation to occur, yet Burch was actually involved in this legal battle.

The plaintiff in this case was a pharmaceutical company called Generex. Generex manufactures a number of different generic medicines including those that treat breast cancer. These drugs are supposed to be exactly the same as the original drugs that are dispensed by the manufacturer. However, in the course of shipping these counterfeit medicines across the country, Burch and his co-defendants did not fulfill their obligations to Generex. Instead of shipping only the legal prescription medication that they had ordered, Burch and his associates actually shipped and supplied counterfeit versions of these medications in addition to the original ones.

This was, of course, a deliberate act on the part of the defendant. If Burch had simply complied with the order to provide the medication, then he would have had no problem with this lawsuit. Instead, Burch decided that he and his co-defendants needed to fight this lawsuit tooth and nail. So, rather than ship the counterfeit medication, they changed the labels and provided an explanation as to why the original medication was no longer needed. They also made up a new name for the medication and filed it as a new patent. In the end, their suit was thrown out due to lack of merit.

One thing is for certain. Tory Burch definitely has an interesting case to present in court. The fact that he attempted to capitalize on another patent does not do much to help his case. His lawsuit was nothing but a power play. He did not obtain any monetary damages from this lawsuit. His lawsuit, instead, helped him to gain a bit of publicity and position himself as a leading expert in this area of patent law.

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