Hain Pure Food Co., Inc. v. Sona Food Products Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiff’s motions for an accounting and attorney’s fees having come on for hearing on May 5, 1980, the showings of plaintiff and defendant having been considered and oral argument having been had, the Court hereby makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

1. Defendant’s profit on sales of its products which infringed plaintiff’s trademark, trade dress and label was in excess of $50,000. and an appropriate damage award to plaintiff is $50,000.

2. Plaintiff’s accounting costs for the investigation of certain financial and sales records of the defendant by Mr. John Holder were $7,289.

3. Plaintiff’s attorney’s fees in uncovering the contempt of defendant were $2,250.

4. Plaintiff is entitled to attorney’s fees of $2,750. for the preparation and argument of its motions for an accounting and attorney’s fees.

5. Defendant failed to stop its sales of infringing product following the entrance of this Court’s Order and Injunction of January 30, 1978.

6. Defendant failed to file a statement of its sales and profits within 30 days of this Court’s Order and Injunction of January 30, 1978, as required by the…