Taurus Flavors, Inc. v. More Flavors, Inc., No. 15 C 265, Slip Op. (N.D. Ill. Apr. 20, 2016) (Alonso, J.).
Judge Alonso denied plaintiff Taurus Flavors’ motion for default judgment against More Flavors and the individual defendant More Flavors’ principal in this Lanham Act case.
The Court had previously defaulted both defendants for failure to respond to the complaint. But Taurus Flavors failed to provide the evidence necessary to show that the damages were either liquidated or ascertainable from definitive figures in the documentary evidence or affidavits. A hearing was, therefore, required to ascertain whether damages were appropriate and the amount of any award.
Injunctive relief was not warranted because Taurus Flavors offered no evidence that More Flavors continued its use of the allegedly infringed marks at the relevant location. And seizure of property to pay a damages award was not appropriate as no damages were awarded.
Finally, attorney’s fees were not warranted. As to the Lanham Act claim, Taurus Flavors offered no evidence of what made the case exceptional, as required by the Lanham Act for fees. And under Illinois law fees were only recoverable for dilution of a famous mark. Again, Taurus offered no proof of dilution.
Having denied to enter an award for Taurus Flavors, the Court set a status hearing to discuss next steps in the case.