The Bass Tank LLC v. MET Inc. d/b/a Bass Boat Electronics

Summary

The United States District Court for the Western District of Oklahoma entered findings of fact and conclusions of law after a bench trial concerning Defendant’s use of the domain name "basstank.com," which incorporated Plaintiff’s THE BASS TANK trademark. The Court awarded Plaintiff $7,308.03 in disgorged profits and $40,000 in statutory cybersquatting damages, entered a permanent injunction, and ordered transfer of the domain name. The Court denied attorneys’ fees but permitted Plaintiff to submit a bill of costs.

Holdings

1. Plaintiff was entitled to recover $7,308.03, representing defendant's gross online sales during the relevant period, because defendant failed to prove any costs or deductions.
2. Enhanced damages were not warranted because an award greater than $7,308.03 would constitute a prohibited penalty rather than compensation.
3. Plaintiff was entitled to $40,000 in statutory damages under 15 U.S.C. § 1117(d) for defendant's violation of 15 U.S.C. § 1125(d).
4. The court entered a permanent injunction barring defendant from using THE BASS TANK mark or confusingly similar variations and ordered defendant to transfer basstank.com to plaintiff within fourteen days after entry of judgment.
5. Plaintiff was not entitled to attorneys' fees because the case was not exceptional, but plaintiff could submit a bill of costs under 28 U.S.C. § 1920 within thirty days after entry of judgment.

Questions Presented

1. What amount of defendant's profits was recoverable under 15 U.S.C. § 1117(a) for the relevant period?
2. Whether enhanced damages under 15 U.S.C. § 1117(a) were warranted.
3. What amount of statutory damages was appropriate under 15 U.S.C. § 1117(d) for defendant's cybersquatting violation?
4. Whether plaintiff was entitled to a permanent injunction and transfer of the basstank.com domain under 15 U.S.C. §§ 1116(a) and 1125(d)(1)(C).
5. Whether plaintiff was entitled to attorneys' fees and costs under 15 U.S.C. § 1117(a).

Disposition

other