Related phrases could have ultimately been considered a counterfeit case when the searcher saw the Bodum name associated with the documents on the Williams-Sonoma website. . (These organic ad impressions are referred to as "erroneous impressions" in the context of trademark infringement.) Consumers don't even need to have purchased the products on Williams-Sonoma for the infringement to have occurred, so the search results impressions and on-site impression counts could easily add up to increase theoretical damage. Bodum had specifically cited "
corrective advertising" in its complaint as a possibility of damages. Historically, trademark infringement cases may have resulted in relatively low damage awards when courts have ruled in favor of plaintiffs, but more recent cases have seen monetary damages jewelry retouching service awards skyrocket, in part due to publicity. remedy as a remedy. The theory is simple: if an infringement has taken place, then one could attempt to fix the confusion in the minds of consumers by running equivalent brand exposure advertising campaigns on the
same (or very similar) medium where the infringement originally occurred. So when a violation occurs in search engines, for example through page listings optimized for a brand keyword, then it can be taken into account that an equal or greater number of impressions must be obtained to counter the original confusion. So when you start adding up the false impressions that have occurred on search engine results pages as well as on a website's page itself, the numbers can add up very quickly.