Intellectual Property Law

Ninth Circuit Affirms Attorney's Fees Award Against Injunction Violator

By Michael Atkins

On Jan. 11, the Ninth Circuit affirmed the Central District of California’s award of $29,730 in attorney’s fees to plaintiff RRLH, Inc., stemming from defendant Hendrick Barto’s violation of the court’s order prohibiting him from using plaintiff’s LIESURE WORLD trademark. Mr. Barto did business as Leisure World Resales, Inc.

“Spending seventy-eight hours filing and prosecuting the contempt motion was reasonable in light of the distance between their attorney’s office and the courthouse, Barto’s unauthorized filings, and Barto’s opposition to the contempt motion,” the court found. “The hourly rate RRLH’s attorneys charged was also reasonable given their expertise, qualifications, and the rates charged by comparable attorneys.”

In March 2008, the district court found that Mr. Barto had acted in bad faith in violating a previous court order.

The order was a stipulated judgment enjoining Mr. Barto from using “Leisure World” as part of his company name and withdrawing his application to register LEISURE WORLD with the Patent and Trademark Office.

RRLH, Inc. v. Barto, 2010 WL 178724, No. 08-56071 (9th Cir. Jan. 11, 2010).

Full post as published by Seattle Trademark Lawyer on January 25, 2010 (boomark / email).