Hanley-Wood LLC v. Hanley Wood LLC
2011 U.S. Dist. LEXIS 49980
D.D.C.2011Background
- District of Columbia action by Hanley-Wood LLC against Hanley Wood LLC and Mutual Companies LLC under Lanham Act, ACPA, and unfair competition.
- Defendants were served July 13, 2010; default entered October 29, 2010.
- Plaintiff moved for default judgment; court gave final show-cause on April 8, 2011; no response.
- Complaint alleges trademark infringement, cybersquatting, and unfair competition; defendants’ default admits these facts.
- Court grants default judgment and injunctive relief, finding willful disregard for plaintiff's rights.
- Plaintiff also seeks statutory damages and costs; court awards $10,000 under ACPA and $500 costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lanham Act infringement viability | Hanley-Wood owns valid marks with secondary meaning | (none) | Plaintiff succeeds by default; permanent injunction issued |
| ACPA damages amount | Requests $10,000 statutory damages ($5,000 per defendant) | (none) | $10,000 statutory damages awarded (willful violation) |
| Unfair competition injunction | Injunction necessary to prevent ongoing violations | (none) | Injunction granted on proposed terms |
Key Cases Cited
- Globalaw Ltd. v. Carmon & Carmon Law Office, 452 F.Supp.2d 1 (D.D.C.2006) (elements of Lanham Act likelihood of confusion and ownership shown by default)
- Health Ins., Ass'n of America v. Novelli, 211 F.Supp.2d 23 (D.D.C.2002) (presumption of harm from trademark infringement)
- Walt Disney Co. v. Powell, 897 F.2d 565 (D.C.Cir.1990) (continuing infringement supports permanent injunction)
- Jackson v. Beech, 636 F.2d 831 (D.C.Cir.1980) (discretionary default judgment standard)
- Universal City Studios v. Sony Corp. of America, 659 F.2d 963 (9th Cir.1981) (injunction warranted for continuing infringement)
- Microsoft Corp. v. McGee, 490 F.Supp.2d 874 (S.D. Ohio 2007) (statutory damages appropriate in default judgments)
- Microsoft Corp. v. Compusource Distribs., 115 F.Supp.2d 800 (E.D. Mich.2000) (court wide discretion in awarding statutory damages)
- Chi-Boy Music v. Charlie Club, Inc., 930 F.2d 1224 (7th Cir.1991) (statutory damages framework under 15 U.S.C. § 1117(d))