Trademark Law Briefs

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.

Brighton Collectibels, Inc. v. Marc Chantal USA, Inc. 2009 US Dist LEXIS 72362

Plaintiff sued Defendant for trade dress infringement as well as infringement of its “Brighton” trademark for Defendant’s use of the mark “Bristol” and its dangling heart trademark.  Plaintiff prevailed on the trade dress claim, the jury finding that Defendant had willfully enggaged in infringment and unfair competition.  Defendant prevailed on the other infringment claims.  Part of the action was also voluntarily dismissed prior to trial.  Both sides requested, and were denied, attorneys fees.  (more…)

2007 US App LEXIS 29220 (9th Cir. 2007).  Decided December 18, 2007

Ruling: Plaintiff’s election to receive statutory damages under 15 USC 1117(c) for counterfeit trademarks precludes an award of attorneys fees under 15 USC 1117(b). (more…)