United States Seventh Circuit

In a trademark-infringement suit, award of actual damages is reversed and remanded where: 1) plaintiff had clearly requested in its pleadings both actual damages and an equitable accounting of profits, and upon winning a default judgment was entitled to both; and 2) in the absence of evidence from defendant as to the equitable accounting, plaintiff was entitled to all the relief supported by its evidence.

Appellate Information

• Argued 02/25/2008
• Decided 09/08/2008
• Published 09/08/2008

Judges

• WOOD, Circuit Judge., Before ROVNER, WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Theodore H. Davis, Jr. (argued), Kilpatrick Stockton, Atlanta, GA, Douglas N. Masters, Loeb & Loeb, Chicago, IL, for Plaintiff-Appellant.