May 1, 2009

Share

In April of last year, Wyche’s Frank Holleman and Jill Pietrini of Mannatt, Phelps & Phillips of Los Angeles successfully conducted a week-long trademark trial in federal court to a $400,000 jury verdict in favor of our client, the Mattel Corporation. On March 31, 2009, after considering extensive post-trial briefing, US District Court Judge Henry Floyd granted our motions to alter the judgment, increased the damages amount to $999,113, and awarded attorneys’ fees and costs in the amount of $2.6 million. Our client, Mattel, was the defendant in the case but asserted a counterclaim against the plaintiffs. The jury returned its verdict and $400,000 damages award in favor of Mattel.

In awarding attorneys’ fees to Mattel, Judge Floyd stated, “Defendant’s lead counsel are experienced in the field of trademark law, which was evidenced at each step of this litigation. Their reputations, as well as that of their respective firms, is sterling… Regarding their abilities, the Court has… observed their conduct at trial and their mastery of the subject matter. The court finds their abilities unsurpassed… Given the complexity of this case, only the most experienced and most competent counsel would be able to handle it. Defendant’s counsel was found to be more than equal to the task.” The Court specifically pointed out that, “in lieu of taking a background role as many local counsel do, in this instance, Defendant’s local counsel participated fully in all aspects of the litigation.” Click here to read the Court’s full order awarding attorney fees.