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Champion Products v. Silver, 97-2006 (1997)

Court: Court of Appeals for the First Circuit Number: 97-2006 Visitors: 2
Filed: Dec. 16, 1997
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.____________________, and Boudin, Circuit Judge.of discretion in the calculation of damages.Wheeler, 814 F.2d 812, 821 (1st Cir.or disallow the fee award, as that case recommends.time records.pursuing the claim against Silver.opportunity to respond to plaintiff's submissions.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 97-2006

CHAMPION PRODUCTS INC.,

Plaintiff, Appellee,

v.

ARTINE ASDOURIAN, ETC., ET AL.,

Defendants, Appellees.
____________________

BENTON SILVER, d/b/a Variety Wholesalers,
Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. William G. Young, U.S. District Judge] ___________________

____________________

Before

Selya, Circuit Judge, _____________
Cyr, Senior Circuit Judge, ____________________
and Boudin, Circuit Judge. _____________

____________________

Steven R. Whitman on brief for appellant. _________________
Mark Schonfeld, Nicholas J. Psyhogeos, and Sherburne, Powers & _______________ ______________________ ____________________
Needham, P.C. on brief for appellee Champion Products Inc. _____________


____________________

December 16, 1997
____________________















Per Curiam. We have reviewed the record on appeal and __________

the submissions of the parties. Appellant Benton Silver

("Silver") conceded liability under the Lanham Act, 15 U.S.C.

1051 et seq., and now challenges the court's calculation __ ____

of damages and attorney's fees against him. We find no abuse

of discretion in the calculation of damages. See 15 U.S.C. ___

1117(a). Where an award based on profits would be

inadequate, "the court may in its discretion enter judgment

for such sum as the court shall find to be just, according to

the circumstances of the case." 15 U.S.C. 1117(a). Where

a defendant has acted fraudulently and/or "palmed off"

inferior goods, the court may assess damages based on an

unjust enrichment or deterrence theory. Aktiebolaget ____________

Electrolux v. Armatron Int'l, Inc., 999 F.2d 1, 5 (1st Cir. ___________________________________

1993).

We also review cost and attorney's fees awards for abuse

of discretion. Volkswagenwerk Aktiengesellschaft v. _______________________________________

Wheeler, 814 F.2d 812, 821 (1st Cir. 1987). The affidavit _______

and documentation supporting the request for attorney's fees

here provided no detailed, contemporaneous time records, as

required by Grendel's Den, Inc. v. Larkin, 749 F.2d 945, 952 ______________________________

(1st Cir. 1984). Since we have not applied the Grendel's Den _____________

standard in any previous Lanham Act case, we will not reduce

or disallow the fee award, as that case recommends. Instead,

we remand to the district court, with instructions to provide



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plaintiff an opportunity to submit detailed, contemporaneous

time records. To the extent possible, plaintiff's

submissions should identify attorney time expended while

pursuing the claim against Silver. Silver should be given an

opportunity to respond to plaintiff's submissions.

Affirmed in part, vacated in part, and remanded for ________________________________________________________

further proceedings consistent with this opinion. _________________________________________________







































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Source:  CourtListener

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