Martinizing International v. BC Cleaners, No. 16-1069 (8th Cir. 2017)
Annotate this CaseThe court affirmed the grant of a permanent injunction enjoining BC Cleaners from using Martinizing's trademarks, concluding that Martinizing failed to prove willful infringement by BC Cleaners. Because Martinizing failed to prove that it was entitled to monetary remedies against BC Cleaners, the individual defendants were likewise not liable for damages, an accounting for profits, and attorneys' fees. The court also concluded that the district court did not abuse its discretion in not granting injunctive relief against the individual defendants, because BC Cleaners had agreed to stop using the trademarks. Therefore, the court reversed as to these issues; affirmed the denial of a default judgment against Defendants Lundell and Carver; and remanded with directions to enter amended judgments.
Court Description: Loken, Author, with Murphy and Kelly, Circuit Judges] Civil case - Trademarks. Plaintiff failed to prove BC willfully infringed plaintiff's trademarks,and the district court erred in awarding damages, an accounting for profits and attorneys' fees; the court also erred in granting default judgment against BC's member-managers as plaintiff had failed to show it was entitled to monetary remedies against BC. The district court did not err in enjoining BC from using plaintiff's trademark. Affirmed in part, reversed in part and remanded with directions concerning the entry of an amended judgment.
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