In a June 13, 2013 ruling, Judge Alvin K. Hellerstein denied a defendant’s pre-discovery motion for summary judgment dismissing the plaintiff’s claim for profits in a trademark infringement action. The defendant argued that recovery requires a finding of willfulness, for which there are no facts in this case. Judge Hellerstein ruled that “it would not take [the plaintiff] 14 pages to explain their position,” if there were truly an absence of willfulness facts, and denied the motion as premature. The Court also denied bifurcation of the liability and damages issues, finding that “bifurcation at this point will tend to add proceedings, motions and arguments.”for the Southern District of New York
Pre-Discovery Dismissal of Willfulness Claim in Trademark Action Denied
In a June 13, 2013 ruling, Judge Alvin K. Hellerstein denied a defendant’s pre-discovery motion for summary judgment dismissing the plaintiff’s claim for profits in a trademark infringement action. The defendant argued that recovery requires a finding of willfulness, for which there are no facts in this case. Judge Hellerstein ruled that “it would not take [the plaintiff] 14 pages to explain their position,” if there were truly an absence of willfulness facts, and denied the motion as premature. The Court also denied bifurcation of the liability and damages issues, finding that “bifurcation at this point will tend to add proceedings, motions and arguments.”
Labels:
12 Civ. 7902
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Bifurcation
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Judge Hellerstein
,
Trademark
,
Willfulness
Posted by
Richard Crisona
Posted by
Richard Crisona
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