Facts

Harry Binder and Charles Binder were co-owners of the federally registered trademarks "Binder and Binder" and "Binder & Binder." They provide national legal, paralegal and non-attorney services related to Social Security disability benefits. Disability Group, Inc. was a competitor in the same field. Disability Group purchased Internet keywords that were identical to Binders' trademarks, resulting in Internet searches which included a link to Disability Groups' websites under Binder & Binder's headline.

The Binders sued Disability Group and Ronald Miller, its Managing Director, for trademark infringement, false representation, trademark dilution, causing injury to business reputation and common law unfair competition. Defendants denied using a heading and purchasing keywords that comprised plaintiffs' marks.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants' willful infringement and dilution of their marks diverted customers seeking their services to their competitor's websites.

Damages

Plaintiffs sought a permanent injunction enjoining defendants from making use of their marks and sought reimbursement for damages and lost sales, enhanced damages, a finding of willful infringement, as well as attorney fees and costs.

Result

The Court found in favor of plaintiffs and they were awarded $146,118 in actual damages which was enhanced to $292,235. They were further awarded attorney fees in the amount of $764,165 and costs in the amounts of $14,607 and $68,098.