District Court Judge Marvin J. Garbis entered a final judgment on September 30, 2011, in Victor Stanley, Inc. v. Creative Pipe, Inc., a case made famous by earlier opinions on e-discovery by Magistrate Judge Paul Grimm. After the sanctions orders the only thing that remained at trial was to determine the amount of damages. Now we know the end result for the Gang That Couldn’t Spoliate Straight, $2,454,931.10, plus fees and costs. Here is the actual final order:
The court also entered a sixty-five page decision explaining the order. Here is the Conclusion:
III. CONCLUSION
For the foregoing reasons the Court decides the instant case as follows:
1. Count I – Copyright Infringement:
a. The Court finds defendant liable for copyright infringement.
b. The Court awards Plaintiff damages of $1,150,750.79 for the infringer’s profits in accordance with Section 504(a) of the Copyright Act with prejudgment interest of $228,804.91.
c. A permanent injunction shall be entered by separate Order.
2. Count II – Unfair Competition under Maryland Law:
a. The Court finds Defendants liable for unfair competition under Maryland law.
b. The Court awards damages for unfair competition in the amount of $1,150,750.79 with prejudgment interest of $223,051.16.40
c. The Court awards Plaintiff $500,000.00 in punitive damages.
d. The Court denies Plaintiff’s request for attorney fees and costs associated with this claim.
3. Count II – Unfair Competition under the Lanham Act:
a. The Court finds Defendants liable for reverse palming off in violation of 15 U.S.C. § 1125(a).
b. The Court awards damages for unfair competition in the amount of $1,150,750.79 with prejudgment interest of $228,804.91.41
c. The Court awards Plaintiff $575,375.40 in enhanced damages.
d. The Court shall award attorney fees and costs associated with this claim, less any fees and costs previously awarded to the Plaintiff.
4. Count VII – False Advertising
a. The Court finds Defendants liable for false advertising in violation of 15 U.S.C. § 1125(a)(1)(B).
b. A permanent injunction shall be entered by separate Order.
c. The Court shall award attorney fees and costs associated with bringing this claim, less any fees and costs previously awarded to the Plaintiff.
Now its all over on the trial level, and onward and upward to the appeals court. Thanks to my source for getting me these opinions so quickly. What a case this has been.
