Didn't I read that you stated that treble damages are not applicable if a lawsuit is filed?
You quoted a new ruling and I don't remember the specifics.
Look at the following and please comment.
It is not a good idea to offend BARBIE. Case in point - Mattel has just filed a federal lawsuit in New York against a company called Global China Networks (GCN) for infringing on the BARBIE trademark by way of the domain name chinabarbie.com for a pornographic Web site. Mattel accuses GCN of cybersquatting, trademark dilution, trademark infringement, and unfair competition. Mattel seeks an injunction preventing GCN from using Mattel's BARBIE trademarks, transfer of the chinabarbie.com domain name, as well as general, treble, statutory and punitive damages.