United States Seventh Circuit

In a trademark dispute, district court judgment is affirmed in part and reversed in part where: 1) the court properly granted summary judgment for plaintiff as defendant missed the deadline for responding to a request for admissions, and the Italian judgment in defendant's postdates the American one, and thus cannot be pleaded as res judicata; and 2) the court erred in awarding lost profits and statutory damages, as the lost profits are compensatory damages, and statutory damages may be awarded only in cases in which compensatory damages are not awarded for the same violation.

Appellate Information

• Argued 01/21/2009
• Decided 07/30/2009
• Published 07/30/2009

Judges

• POSNER, Circuit Judge., Before POSNER, FLAUM, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Anthony F. Matheny (argued), Greenberg Traurig LLP, Houston, TX, for Plaintiff-Appellee., James K. Borcia (argued), Tressler, Soderstrom, Maloney & Priess, LLP, Chicago, IL, for Defendant-Appellant.