Black & Decker 'Willfully' Infringed Pergo's TM, Judge Says
Troutman Sanders is mentioned in a Law360 story titled, “Black & Decker 'Willfully' Infringed Pergo's TM, Judge Says.” The firm represented the Pergo laminate flooring brand in a trademark infringement lawsuit against Stanley Black & Decker, Inc. (“SBD”). Pergo sued SBD after SBD began using the PERGO mark on SBD’s DeWalt laminate flooring saw blades without Pergo’s permission. Last week, a district judge entered a 165-page Order granting Pergo’s Motion for Summary Judgment on trademark infringement and damages, denying SBD’s Cross-Motion for Summary Judgment based on alleged “fair use.” Based on “overwhelming” evidence of SBD’s bad-faith, willful infringement and the need to deter future misconduct by SBD, the Court awarded Pergo the requested full amount of damages totaling $570,712.91. The Court also ordered Pergo to submit a Proposed Permanent Injunction and Recall Order. Due to SBD’s willful infringement, the Court invited Troutman Sanders to submit a Motion for Attorney's Fees, which could further increase the award by more than $750,0000. Partner Michael Hobbs is quoted in the story, saying, “This is an important and notable trademark win. It’s difficult enough to get an injunction in a trademark case against a large company like Black & Decker, but to also get nearly [$600,000] in damages is really outstanding, particularly on summary judgment.” Lead partner John Bowler, Michael Hobbs and associate Lindsay Mitchell Henner represent Pergo.