By Memorandum Order entered by The Honorable Maryellen Noreika in New Balance Athletics, Inc. v. USA New Bunren International Co. Ltd., LLC, Civil Action No. 17-1700 (MN), the Court denied Defendant New Bunren’s motion for partial reconsideration of the Court’s prior ruling concluding that Plaintiff New Balance Athletics was entitled to statutory damages under 15 U.S.C. §1117(c) of the Lanham Act.
In its prior opinion, the Court found that Defendant was liable for trademark infringement under 15 U.S.C. §1114, false designation of origin under 15 U.S.C. §1125(a), and federal trademark dilution under 15 U.S.C. §1125(c). Id. at *2. All three of those statutes require that the accused mark be used “in commerce.” Id. The Court found that Defendant used the marks “in commerce” by advertising and promoting goods bearing the accused marks. Id. The Court also found Defendant liable for statutory damages under §1117(c) which requires that a counterfeit mark be used in connection with “the sale, offering for sale, or distribution of goods or services.” Id.
In its motion for partial reconsideration, Defendant contended that advertising and promotion does not qualify as “sale, offering for sale, or distribution” as a matter of law under §1117(c). Id. at *3. Notably, Defendant failed to cite any cases specifically excluding advertising and promotion from “offering for sale” in §1117(c). Id. Accordingly, the Court concluded that Defendant did not meet the standard required for the Court to amend or alter its judgment and, therefore, denied Defendant New Bunren’s motion for partial reconsideration.
A copy of the Memorandum Order is attached.