Motion for Contempt Granted

This is a trademark and unfair competition case.  The case ended with an injunction, which was then followed by the defendant taking bankruptcy.  Plaintiff, however, continued to see the Defendant violating the injunction through its social media posts, and filed a motion for contempt, which is where the interesting part started.

Okay, there’s no conceivable way I can tie in with a picture of Parker with his Minecraft hat, sword and pick, but it’s just so cute I couldn’t stand not sharing it.  So sue me.

The principal relevant fact is that the defendants just didn’t respond to the motion for contempt, a decision Judge Mazzant found “unwise” but not sufficient to get the defendant’s attorneys – who were it must be said, busting a gut to get out of this case – on the hook for attorneys fees.  The reason was that not responding had the same effect as not opposing the relief sought – the facts were deemed true, and the defendants didn’t argue otherwise.

So the good news is you’re not on the hook for attorney’s fees. The bad news is that the next issue is contempt, so yes, you still are.  Oh, joy.

Well, joy it may be if your idea of a good time is finding an opinion that provides a cogent and current recitation of the standards for attorneys fees.  The Court ended up reducing the award from the amounts requests by Plaintiff’s counsel 20%.

Neal Tech


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