2:23-cv-12779
E.D. Mich.Apr 14, 2025Background
- Latifa & Halal Kitchen, LLC sued Harouf Corp. and several individual defendants for trademark infringement, trade secret misappropriation, unfair trade practices, breach of contract, and tortious interference.
- The Court had previously entered default judgment in favor of the plaintiff, finding the case was an “exceptional case” of trademark infringement under the Lanham Act.
- Plaintiff then moved for recovery of attorneys’ fees and costs associated with the litigation, seeking $26,074.90 in fees and $1,972.65 in costs.
- Defendants did not respond to the motion for fees and costs.
- The Court evaluated the reasonableness of the requested fees based on affidavits, time records, and the State Bar of Michigan’s Economics of Law Survey.
- The Court granted the motion, awarding attorneys’ fees and costs jointly and severally against the defaulted defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees | Case is "exceptional" per Lanham Act; fees are warranted | No response | Granted; fees awarded |
| Reasonableness of attorney hourly rates | Charged below median rate for similar work in MI | No response | Court found rates reasonable |
| Reasonableness of paralegal rate | Paralegal rate matches customary rates as supported by cases | No response | Court found rate reasonable |
| Recovery of costs (service & mailing) | Costs customary and necessary under the Trademark Act | No response | Costs deemed recoverable |
Key Cases Cited
- Gonter v. Hunt Valve Co., Inc., 510 F.3d 610 (6th Cir. 2007) (affirming reasonableness of attorney fee determination by reference to state bar surveys)
- Reed v. Rhodes, 179 F.3d 453 (6th Cir. 1999) (standards for fee reasonableness in attorneys’ fees awards)
- Kissinger, Inc. v. Singh, 304 F. Supp. 2d 944 (W.D. Mich. 2003) (court approval of paralegal rates in fee awards)