United States Seventh Circuit

In a suit alleging copyright violations, trademark infringement and unfair competition surrounding novelty fart dolls, judgment for plaintiff is affirmed where: 1) defendant had access to plaintiff's doll and defendant's doll was substantially similar to plaintiff's; 2) the Lanham Act does not preempt state laws permitting punitive damages under defined conditions; and 3) the district court did not abuse its discretion in replacing the plaintiff's contractual fee agreement with its counsel with the traditional lodestar approach to calculating attorney's fees.

Appellate Information

• Decided 03/20/2007
• Published 03/20/2007

Judges

• WOOD, Circuit Judge., Before MANION, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Gregory J. Smith (submitted), Competition Law Group, Chicago, IL, for Plaintiff-Appellee., Daniel J. Lueders, Woodard, Emhardt, Naughton, Moriarty & McNett, Indianapolis, IN, for Defendant-Appellant.