Tennessee Western District Court
Judge:Samuel H Mays, Jr
Referred: Tu M Pham
Case #: 2:14-cv-02885
Nature of Suit840 Property Rights - Trademark
Cause15:1051 Trademark Infringement
Case Filed:Nov 12, 2014
Terminated:Mar 09, 2018
Last checked: Thursday May 14, 2015 11:29 AM CDT
Counter Claimant
Boondux, LLC
Represented By
Shea Sisk Wellford
Martin Tate Morrow & Marston
contact info
Counter Claimant
Caleb Sutton
Represented By
Shea Sisk Wellford
Martin Tate Morrow & Marston
contact info
Counter Defendant
Ducks Unlimited, Inc.
Represented By
Lisa Catherine DeJaco
Wyatt Tarrant & Combs
contact info
Defendant
Boondux, LLC
Represented By
Pamela A. Baxter
Kean Miller LLP
contact info
Russel O. Primeaux
Kean Miller LLP
contact info
Shea Sisk Wellford
Martin Tate Morrow & Marston
contact info
Defendant
Caleb Sutton
Represented By
Pamela A. Baxter
Kean Miller LLP
contact info
Russel O. Primeaux
Kean Miller LLP
contact info
Shea Sisk Wellford
Martin Tate Morrow & Marston
contact info
Plaintiff
Ducks Unlimited, Inc.
Represented By
Colby Faith Block
Wyatt Tarrant & Combs- Nashville
contact info
Robert L. Crawford
Wyatt Tarrant & Combs
contact info
Lisa Catherine DeJaco
Wyatt Tarrant & Combs
contact info

GPO Apr 05 2016
REPORT AND RECOMMENDATIONS re: 59 MOTION to Enforce Settlement Agreement or, in the alternative, to Schedule a Judicial Settlement Conference and/or Judicial Status Conference filed by Ducks Unlimited, Inc. Objections to R&R due by 4/19/2016. Signed by Magistrate Judge Tu M. Pham on 4/5/2016. (Pham, Tu)
GPO Jun 20 2016
ORDER ADOPTING 75 Report and Recommendations and GRANTING in part and DENYING in part 59 Motion for Miscellaneous Relief, filed by Ducks Unlimited, Inc. Signed by Judge Samuel H. Mays, Jr on 06/20/16. (Mays, Samuel)
GPO Aug 18 2017
FINDINGS OF FACT AND CONCLUSIONS OF LAW. The Court finds Defendants liable for copyright infringement, trademark infringement, and false designation of origin or sponsorship. The Court finds Defendants not liable for trademark dilution. Plaintiff is entitled to an award of infringing profits in the amount of $258,919.04 for its prevailing claims. At its election, Plaintiff may take a statutory damages award of $30,000.00 in lieu of profits as recovery for its Copyright Infringement Claim. Plaintiff must notify the Court within seven (7) days of the entry of this order if it elects to take a statutory damages award of $30,000.00 in lieu of profits for its Copyright Infringement Claim. Plaintiff must notify the Court within seven (7) days of the entry of this order if it elects an accounting of Defendants infringing sales from the date of the most recent discovery production to the date of this decision and how Plaintiff seeks to proceed. Defendants are ENJOINED from further use of the Boondux Logo in commerce. The Court ORDERS the destruction of all infringing articles currently in Defendants possession or that might subsequently come into their possession, pursuant to 15 U.S.C. § 1118 and 17 U.S.C. § 503(b). Signed by Judge Samuel H. Mays, Jr on 08/18/2017. (Mays, Samuel)
GPO Mar 09 2018
7 Order (ECF No. 166). Signed by Judge Samuel H. Mays, Jr on 3/9/2018. (Mays, Samuel)ORDER granting in part and denying in part Ducks Unlimiteds Motion for Attorneys Fees, Expenses, and Costs 169. Ducks Unlimited is entitled to $10,845.29 in taxable costs and is not entitled to attorneys fees or non-taxable costs. Ducks Unlimited is awarded $13,371.85 for profits arising from trademark infringement, in addition to damages awarded in the Courts August 18, 2017 Memorandum Opinion Findings of Fact and Conclusions of Law (ECF No. 163) and in the Courts September 8, 201

Docket last updated: 03/27/2025 11:59 PM CDT
Tuesday, October 09, 2018
195 195 notice Notice (Other) Tue 10/09 2:13 PM
NOTICE of retrieval of exhibits (jae)
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