Powerhouse Marks, L. L. C. v. Chi Hsin Impex, Incorporated

2:04-cv-73923 | E.D. Mich. | Apr 5, 2006

2:04-cv-73923-PJD-MKM Doc # 232 Filed 04/05/06 Pg 1 of 2 Pg ID 4129

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION POWERHOUSE MARKS LLC, Plaintiff, v. Case No. 04-73923 Honorable Patrick J. Duggan CHI HSIN IMPEX, INC., COSTCO WHOLESALE CORP., DICK’S SPORTING GOODS, INC., DUNHAM’S ATHLEISURE CORP., MEIJER, INC., and WAL-MART STORES, INC.,

Defendants. ____________________________/ OPINION AND ORDER DENYING AS MOOT DEFENDANT WAL-MART STORES, INC.’S MOTION IN LIMINE TO EXCLUDE THE SECOND SUPPLEMENTAL REPORT OF CREIGHTON G. HOFFMAN REGARDING DAMAGES AND OPINIONS ARISING THEREFROM At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on April 5, 2006. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE Plaintiff Powerhouse Marks LLC (“Powerhouse”) filed this lawsuit alleging that defendants’ sale of certain fitness equipment infringes Powerhouse’s trademarks thereby violating federal and state law. As damages for defendants’ alleged infringement, Powerhouse sought inter alia a disgorgement of defendants’ profits. Defendant Wal-Mart Stores, Inc. (“Wal-Mart”) filed the pending motion on January 19, 2006, seeking to exclude the second supplemental report and testimony of Powerhouse’s damages expert,

1 2:04-cv-73923-PJD-MKM Doc # 232 Filed 04/05/06 Pg 2 of 2 Pg ID 4130 Creighton G. Hoffman, to the extent Mr. Hoffman’s testimony and report address Wal- Mart’s costs and profits for the alleged infringing products. On February 2, 2006, this Court issued an Opinion and Order holding inter alia that Powerhouse is not entitled to a disgorgement of Wal-Mart’s profits. As a result of the Court’s ruling, Powerhouse voluntarily withdrew Mr. Hoffman’s second supplemental report and states that it will not introduce Mr. Hoffman’s report or testimony on this subject at trial. See Docket #223.

Accordingly, IT IS ORDERED , that Wal-Mart Store, Inc.’s Motion In Limine to Exclude the

Second Supplemental Report of Creighton G. Hoffman Regarding Damages and Opinions Arising Therefrom is DENIED AS MOOT .

s/PATRICK J. DUGGAN

UNITED STATES DISTRICT JUDGE

Copies to: George T. Schooff, Esq. Edward R. Schwartz, Esq. Kathleen Lang, Esq. Howard W. Burdett, Jr., Esq.

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