Wallmart, the biggest US retail chain, lost a lawsuit for a trademark infringement. The case at hand concerns a trademark ‘Backyard Grill’ used by the retailer for grills and related accessories.
Another US company Variety Stores as the owner of earlier marks ‘Backyard’ opposed to this use and in the following lawsuit, the court concluded in favour of Variety Stores ordering 30 million dollars compensation.
The last development in this regard was the fact that Variety Stores, seeking additional damages, succeeded to receive 1,6 million dollars cost of proceeding, attorney fees.
The court stated that the reason behind this decision was that: “Walmart decided to use the Backyard mark despite being twice warned by its own attorneys not to do so and despite being aware of Variety’s trademark registration,”
“This case presents a particular need for compensation and deterrence. The question then becomes what fees are reasonable to award. This court has the discretion to determine the amount of a fee award.”