Intellectual Property Law

Court Enters Judgment for Perfumer's Workshop Based on Fees Award

By Michael Atkins

On July 13, the Western District entered judgment in favor of The Perfumer’s Workshop International, Ltd., against Sportsfragrance, Inc.

As readers may recall, Sportsfragrance sued Perfumer’s for trademark infringement on claim that Perfumer’s use of ROCK & ROLL in connection with its perfumes infringes Sportsfragrance's ROCK ‘N ROLL mark in connection with perfumes. In May, Judge Thomas Zilly dismissed the suit for lack of personal jurisdiction (STL coverage here).

The judgment stems from the court’s June 30 order granting in part and denying in part Perfumer’s motion for attorney’s fees under Washington’s long-arm statute, RCW 4.28.185(5). The court awarded $12,685.88 but denied the request for fees incurred defending against Sportsfrangrance’s motion for fees for failure to waive service, time spent on a dispositive motion that was never filed, and time defending against a motion for preliminary injunction. The court reduced the remaining amount by 25 percent to represent the effort expended on the venue basis for Perfumer’s alternative motion to dismiss relative to the long-arm jurisdiction basis.

The case cite is Sportsfragrance, Inc. v. The Perfumer’s Workshop International, Ltd., No. 09-177 (W.D. Wash. June 30, 2009) (Zilly, J.).

Full disclosure: STL was one of the lawyers representing Perfumer’s.

Full post as published by Seattle Trademark Lawyer on July 14, 2009 (boomark / email).