Ducks Unlimited, Inc. v. Boondux, LLC et al
| Ducks Unlimited, Inc. |
| Boondux, LLC and Caleb Sutton |
| 2:2014cv02885 |
| November 12, 2014 |
| US District Court for the Western District of Tennessee |
| Memphis Office |
| Shelby |
| Tu M. Pham |
| Samuel H. Mays |
| Trademark |
| 15 U.S.C. ยง 1051 |
| Plaintiff |
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Filing
184
ORDER granting in part and denying in part Ducks Unlimiteds Motion for Attorneys Fees, Expenses, and Costs 169 . Ducks Unlimited is entitled to $10,845.29 in taxable costs and is not entitled to attorneys fees or non-taxable costs. Ducks Unli mited is awarded $13,371.85 for profits arising from trademark infringement, in addition to damages awarded in the Courts August 18, 2017 Memorandum Opinion Findings of Fact and Conclusions of Law (ECF No. 163) and in the Courts September 8, 2017 Order (ECF No. 166). Signed by Judge Samuel H. Mays, Jr on 3/9/2018. (Mays, Samuel)
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Filing
163
FINDINGS OF FACT AND CONCLUSIONS OF LAW. The Court finds Defendants liable for copyright infringement, trademark infringement, and false designation of origin or sponsorship. The Court finds Defendants not liable for trademark dilution. Plaintiff is entitled to an award of infringing profits in the amount of $258,919.04 for its prevailing claims. At its election, Plaintiff may take a statutory damages award of $30,000.00 in lieu of profits as recovery for its Copyright Infringement Cla im. Plaintiff must notify the Court within seven (7) days of the entry of this order if it elects to take a statutory damages award of $30,000.00 in lieu of profits for its Copyright Infringement Claim. Plaintiff must notify the Court within sev en (7) days of the entry of this order if it elects an accounting of Defendants infringing sales from the date of the most recent discovery production to the date of this decision and how Plaintiff seeks to proceed. Defendants are ENJOINED from furth er use of the Boondux Logo in commerce. The Court ORDERS the destruction of all infringing articles currently in Defendants possession or that might subsequently come into their possession, pursuant to 15 U.S.C. § 1118 and 17 U.S.C. § 503(b). Signed by Judge Samuel H. Mays, Jr on 08/18/2017. (Mays, Samuel)
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Filing
78
ORDER ADOPTING 75 Report and Recommendations and GRANTING in part and DENYING in part 59 Motion for Miscellaneous Relief, filed by Ducks Unlimited, Inc. Signed by Judge Samuel H. Mays, Jr on 06/20/16. (Mays, Samuel)
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