For full opinion:
2009 U.S.Dist.LEXIS 32058
2009 WL 1010843
TRADEMARK; DAMAGES (Treble damages and attorney’s fees are appropriate where defendant willfully infringed trademarks for more than a year.)
Opinion (Springmann): Plaintiff Days Inn Worldwide (“Days Inn”) licensed its trademarks to Defendant Exhibit Chicago (“Exhibit”). Days Inn later revoked the license. After revocation, Exhibit continued to use Days Inn’s marks, only replacing the name Days with Huntington on the main sign. Days Inn sued Exhibit for trademark infringement, and Exhibit defaulted. Because Days Inn alleged that Exhibit willfully infringed and continues to infringe its registered incontestable marks, treble damages and attorney’s fees are appropriate.
Source: Willamette Law Online