Yahoo!, Inc. v. Net Games, Inc.

ORDER

Plaintiff, Yahoo!, Inc, filed suit against defendant, Net Games, Inc, making a number of claims, including trademark infringement. Doc # 1. On November 25, 2003, the court granted plaintiffs motion for default judgment. Doc #28. The court also found that plaintiff is entitled to attorney fees under 15 USC § 1117 (a). Id.

Plaintiff submitted a request for attorney fees in the amount of $31,121.56. Mosko Decl (Doc # 18). Plaintiff requested reimbursement for 52.8 hours at $266 per hour (“/hr”) for Jonathan Gelchinsky, 7.7 hours at $494/hr for David Kelly, 13.9 hours at $494/hr for Scott Mosko and 40.4 hours at $152/hr for the legal assistants involved in the matter.

The court rejected plaintiffs request, finding it unsubstantiated and unreasonably high. Accordingly, the court ordered plaintiff to show cause why the court should not award attorney fees at a rate of $150/hr, which was the prevailing market rate for legal services calculated by the court. Id. Plaintiff responded to the court’s order to show cause in a timely fashion. Doc # 29.

At the outset, the court notes two problems with plaintiffs fee request. First, plaintiff requests $31,121.56 but the requested number…