Trademark Law Briefs

Guru Denim, Inc. v. Hayes, 2010 U.S.Dist. LEXIS 52992 (C.D. Cal. 2010)

Plaintiff filed suit against defendant for allegedly selling a counterfeit “hoodie” bearing plaintiff’s trademark.  Plaintiff failed to prosecute the case diligently- letting it linger for 16 months before seeking a default (which defendant overcame based on questions of appropriate service) and then, at the pretrial conference, complained for the first time of defendant’s failure to participate in discovery and sought a continuance.  The court issued an order to show cause why plaintiff should not be sanctioned.  Plaintiff then informed the court that plaintiff’s counsel had misplaced the allegedly infringing hoodie.  As sanctions, the court dismissed the case with prejudicie, awarded defendant costs as the prevailing party, and sanctioned plaintiff’s counsel for the expenses incurred by defendant in attending the pretrial conference and sanctions hearing (defendant could not be awarded attorneys fees because he appeared pro se).

Cyclone USA, Inc. v. LL&C Dealer Services, LLC, 2010 US.Dist.LEXIS 51193 (C.D. Cal. 2010); 2010 US.Dist.LEXIS 51172 (C.D. Cal. 2010)

Cyclone USA prevailed in its Lanham Act actions and defense of counterclaims against LL&C (et al.). The court awarded attorneys fees to Cyclone for both the main action and defense costs and for general (non-trademark) counsel. (more…)

Yash Raj Films (USA), Inc. v. Daljit Singh Sidhu, 2010 U.S. Dist. LEXIS 25988 (E.D. Cal. 2010)

Plaintiff has the right to distribute Indian films in the United States.  Defendant admitted to copyright infringement in a criminal suit as to 4 of Plaintiff’s titles.  Photographs of the infringing DVDs bore Plaintiff’s trademark.  Plaintiff sought summary judgment as to infringement of 32 of plaintiff’s titles seized from Defendant as part of the criminal investigation based on defendant’s admissions.  Defendant, in the civil action, denied infringement.  The court granted summary judgment as to the 4 titles identified in the plea bargain and awarded plaintiff statutory damages and attorneys fees. (more…)

Pythagoras Intellectual Holdings, LLC v. Stegall et al.  2009 U.S. Dist. LEXIS 97115 (CD Cal 2009)

Defendants were granted attorneys fees in part after case was dismissed without prejudice on all counts.  The court found that claims based on copyright and trademark were frivilous and therefore a grant of attorneys fees were warranted.  Defendant failed to show that this was an exceptional case (clear and convincing burden of proof) with regards to Plaintiff’s patent infringement claims and so denied fees on this portion of the representation.  Some of the factors leading to the award included Plaintiff’s failure to provide discovery responses, failure to provide sufficient evidence to continue, the number of defendants included in the suit, and three separate motions to withdraw by Plaintiff’s attorneys causing an increase in fees and a drawing out of the litigation.

American Automobile Association v. HCM Brothers, Inc. d/b/a Cedar Inn & Suites et al.  2009 U.S. Dist. LEXIS 79095 (E.D. Cal. 2009)

The American Automobile Association obtained a default judgment against a hotel that displayed its trademarks on its premises without authorization.  Plaintiff was granted $684.35 in costs and $11,098.50 in attorneys fees.