A defendant opposing a motion for summary judgment in a trademark case often repeats the refrain that issues of likelihood of confusion and dilution are riddled with issues of fact reserved for a jury. But in this “exceptional” trademark case filled with admissions on key issues (like intentional copying), a lack of evidence opposing plaintiff’s undisputed facts, and “procedural mischief”—including evasion of process, default, failure to meet extended deadlines, and more—the U.S. District Court for the Eastern District of Tennessee granted a motion for summary judgment on trademark infringement, unfair competition, and dilution and awarded statutory damages and attorneys’ fees under the Lanham Act (the “Act”).
