TOYS "R" US, INC. and GEOFFREY, INC., Plaintiffs, -against- ELI ABIR and WEB SITE MANAGEMENT, Defendants., 1999 U.S. Dist. LEXIS 1275

Summary

Plaintiff company filed suit after defendant registered and used an internet domain name that was similar to plaintiff's registered trademark. Plaintiff filed suit for trademark infringement, unfair competition, and dilution, and sought an injunction to prevent defendant from further infringement of the trademark. The court granted plaintiff's motion for summary judgment on the trademark dilution claim, and dismissed without prejudice the unfair competition and trademark infringement claims. The court granted a permanent injunction and required defendant to transfer the domain name to plaintiff. Plaintiff filed an application for attorney fees and costs pursuant to Fed. R. Civ. P. 54(d). The court found that plaintiff was entitled to reasonable attorney fees. The most critical factor in determining whether a fee award should be adjusted upward was the overall success. Because plaintiff was successful, it was entitled to attorney fees, which were reduced by the amount of duplicated time...