WYNN OIL COMPANY, Plaintiff-Appellee/Cross-Appellant, v. AMERICAN WAY SERVICE CORPORATION, and THOMAS A. WARMUS, Defendants-Appellants/Cross-Appellees, 943 F.2d 595

Summary

Plaintiff commenced suit against defendants' use of plaintiff's registered trademark and demanded an injunction against further use. The trial court found that defendants violated state and federal trademark infringement laws and unfair competition laws. Despite the finding of intentional infringement, the trial court declined to award damages or profits as directed by 15 U.S.C.S. § 1117(a), but did issue an injunction and awarded plaintiff attorney fees in lieu of damages. Defendants appealed the court's judgment and plaintiff challenged the failure to award damages. The appellate court found that there was trademark infringement but held that the trial court abused its discretion in not awarding damages. The court found that the trial court had wrongfully placed the burden of proving defendants' profits from the infringement on plaintiff. Therefore the court reversed and remanded on this issue. Because the attorney fees award was linked to the damages award, the court reversed and ...