Magistrate Judge John S. Bryant in the Middle District of Tennessee has recommended fining a False Marking defendant an amount representing just 10% of total revenue earned on sales of the falsely marked product, due to the inability of the defendant to actually pay the fine. The Magistrate Judge also recommended granting the plaintiff’s motion for permanent injunction, but denied the motion for treble damages. The case is somewhat unique because the summary judgment motions leading to the court’s rulings were unopposed due to defendant’s inability to pay its attorneys.
Custom Designs of Nashville, Inc. et al v. Alsa Corporation, 3-08-cv-00665 (TNMD June 21, 2010).
No comments:
Post a Comment