United States Third Circuit

In an action related to a trademark dispute involving the singing group "The Drifters," district court judgment is affirmed in part and reversed and remanded in part where: 1) the court did not err in issuing contempt findings against the plaintiffs as they reassembled plaintiff's business under different names in order to evade the injunction issued by the district court judge; 2) the court erred in holding co-plaintiff Revels in contempt, as defendant never actually moved for him to be held in contempt, and he thus never obtained notice and a separate hearing; and 3) the court properly awarded defendant attorney's fees, but abused its discretion in refusing to impose any remedy other than attorney's fees, as plaintiff continued to evade the injunction and infringe the trademark. The matter is remanded for an order of accounting of plaintiff's profits.

Appellate Information

• Argued 03/10/2009
• Decided 07/02/2009
• Published 07/02/2009

Judges

• FUENTES, Circuit Judge., Before: FUENTES, CHAGARES, and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jeffrey Schreiber, Meister, Seelig & Fein, East Brunswick, NJ, for Barry Singer and DCPM Operations, Inc., Lowell B. Davis, Esq., Carle Place, NY, pro se.


• For Appellees:
  
• John A. DeMaro, Esq., Ruskin Moscou Faltischek, P.C., Uniondale, NY, for Appellant-Cross Appellee Larry Marshak and Non-Party Appellants-Cross Appellees Andrea Marshak, Paula Marshak, Charles Mehlich, Barry Singer, Dave Revels, DCPM, Inc., Live Gold Operations, Inc., Cal-Cap Ltd., and Singer Management Consultants., Cindy D. Salvo, Esq., The Salvo Law Firm, P.C., Roseland, NJ, for Appellees-Cross Appellants Faye Treadwell, Treadwell's Drifters, Inc., and The Drifters, Inc.