United States District Court, D. Maine
ORDER ON PLAINTIFF'S MOTION FOR DEFAULT
E. Walker United States District Judge.
Perfect Fit, LLC requests the entry of default judgment
against Defendant, Inmate Legal Forms Service, Inc. In
addition to reimbursement for Plaintiff's attorney's
fees and costs, Plaintiff seeks an award of “treble
actual damages” based on a calculation of
Plaintiff's lost profits.
reasons discussed both below and in prior orders on the
pending motion, Plaintiff's Motion for Default Judgment
(ECF No. 12) is GRANTED.
order issued on March 4, 2019, I considered Plaintiff's
Motion for Reconsideration and Motion for Default Judgment
and ultimately granted Plaintiff's Motion for
Reconsideration, but kept Plaintiff's Motion for Default
Judgment under advisement pending receipt of supplemental
information related to the costs associated with
Plaintiff's sales revenue. Order on Pl.'s Mot. for
Reconsideration (“Order”) (ECF No. 21).
order, I concluded that “[b]ased on the facts alleged
by Plaintiff, there is a factual basis for finding Defendant
liable for trademark infringement and trademark dilution
under Maine and federal law” and furthermore that it
was appropriate to “accept as established that
Defendant's violations of federal and state law were
willful and intentional.” Id. at 5. On the
issue of damages, I determined that Plaintiff demonstrated
lost sale revenue in the amount of $27, 586.40, but noted
that an award based on lost sales revenue was “not
necessarily the same thing as the ‘actual damages'
sought in the complaint.” Id. at 8. Because
Plaintiff had not provided argument as to why its lost sales
revenue was the proper measure of damages in a trademark
action, or why it would be appropriate “to treble the
gross sales revenue figure rather than a net profit figure,
” I requested that the Plaintiff account for the costs
associated with its sales. Id. at 8. I further
directed Plaintiff to provide documentation to allow me to
perform a proper lodestar analysis regarding attorney fees,
and a supplemental memorandum addressing its requests for
relief. Id. at 8-9.
response to my order, Plaintiff requests actual damages in
the amount of $14, 896.66, which figure takes into account
Plaintiff's costs. Pl.'s Supp. Mem., 2 (ECF No. 24).
Furthermore, Plaintiff requests the Court award treble
damages under the Lanham Act. Id. Finally, Plaintiff
requests the court award attorney's fees, arguing that
this case qualifies as “exceptional” under the
Lanham Act. Id. at 3; see also 15 U.S.C.
Lanham Act provides that a trademark owner may “recover
(1) defendant's profits, (2) any damages sustained by the
plaintiff, and (3) the costs of the action.” 15 U.S.C.
§ 1117(a). Additionally, “[i]n assessing damages
the court may enter judgment, according to the circumstances
of the case, for any sum above the amount found as actual
damages, not exceeding three times such amount.”
Id. Finally, “[t]he court in exceptional cases
may award reasonable attorney fees to the prevailing
discussed below, Plaintiff, Perfect Fit, LLC seeks and has
proven its entitlement to the following damages:
A. The sum of $ 14, 896.66 for actual damages in the form of
lost profits flowing from Defendant's violations of the
B. The sum of $ 15, 174.50 for reasonable attorney fees
incurred in connection with this action;
C. The sum of $ 600.74 in costs; and
D. Treble damages with respect to the sum awarded in (A),
above, as further compensatory damages for Defendant's