Facts

QS Wholesale Inc. and Quiksilver Inc. filed an infringement lawsuit against Rox Volleyball Inc. and 1st Place Team Sales Inc.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants' "Rox" mark on its volleyball, beachwear, and casual apparel was confusingly similar to plaintiff's "Roxy" trademark for women's apparel and accessories. Plaintiffs also alleged that defendant's infringement was intentional, and caused dilution of their trademark.

Plaintiffs sued defendants for trademark infringement, dilution, and unfair competition.

DEFENDANTS' CONTENTIONS:
Defendants contended that its Rox mark was not confusingly similar confusingly similar to plaintiff's Roxy trademark, and that plaintiffs' claims were barred by laches.

Damages

Plaintiffs requested $529,700 in actual damages and recovery of profits earned by defendants as well as permanent injunctive relief.

Result

The jury found that defendants intentionally infringed and willfully diluted plaintiff's Roxy trademark. The jury then awarded plaintiffs $204,000 in total damages, including $42,000 in actual damages and $162,000 representing defendants' ill-gotten profits.

Other Information

Plaintiffs' request for a permanent injunction is still under submission. FILING DATE: March 29, 2013.