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Marley Family Wins $2.4M In Trademark Infringement Case

May 31, 2017Media Mention
Law360

Bonnie Eskenazi was quoted by Law360 on May 31, 2017, about a $2.4 million award the firm secured on behalf of clients Fifty-Six Hope Road Music Ltd. and Hope Road Merchandising LLC, licensing companies controlled by Marley’s family, in a trademark infringement case with Jammin’ Java Corp.

U.S. District Judge Stephen V. Wilson, in a ruling May 30th, noted that the defendant did not put forth any valid evidence of its costs to offset profits. As a result, the court awarded the client all of defendant’s gross revenue related to the sale of products bearing the Marley Trademarks.

“Although undoubtedly some of its expenses related to the sale and production of Marley coffee, the defendant has failed to meet its burden of properly allocation infringe expenses, which is fatal to its attempt to demonstrate offsetting costs,” the judge said. “The defendant’s claim that all of its expenses were related to the production and sale of Marley coffee had been refuted by reliable evidence, and it provides no additional evidence of costs or expenses exclusively related to Marley coffee.”

“We submitted evidence from their own mouths — filings from the SEC, their own emails, et cetera, saying they had been developing a Jammin Java brand of coffee for basically the entire [infringing] period,” said Eskenazi. “They were clearly doing other business, and the court made that finding.”

The Marley companies were also awarded $371,000 in unpaid royalties.