Liu
Watec Co Ltd v. Liu
Opinion
Opinion
Gould, J.
We must resolve issues arising from this trademark dispute between the Japanese manufacturer Watec Company Limited (“Watec Japan”) and its former distributor, Watec Company America (“Watec America”). Watec America and its president, Chia C. Liu, appeal the district court’s denial of their motion for a new trial claiming that they are entitled to a new trial because the district court’s denial of their mid-trial motion for judgment as a matter of law had the effect of an eviden-tiary ruling that barred them from presenting their defense to Watec Japan’s trademark infringement claim. Watec America and Liu also challenge the sufficiency of the evidence supporting the jury’s verdict that they breached an oral distribution agreement with Watec Japan and infringed on Watec Japan’s trademarks. Additionally, Watec America and Liu argue that the excessiveness of the jury’s original trademark infringement damages award demonstrates that the entire verdict was tainted by passion and prejudice. Finally, Watec America and Liu contend that the district court erred in determining that this was an “exceptional” case that warranted an award of attorneys’ fees under the Lanham Act. We have…