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

This case involves alleged trademark infringement by Sona Food Products Company (“Sona”) arising from the label, trademark and trade dress used on various of its food products.

The district court entered a summary judgment which

1. granted a permanent injunction in favor of Hain Pure Food Co., Inc. (“Hain”);

2. declared Sona liable for damages;

3. declared that Hain was entitled to an accounting for damages; and

4. denied Hain’s request for attorney fees.

Sona appeals from that part of the summary judgment holding it liable for damages and Hain cross appeals for the denial of its attorney fees. Sona does not appeal from the granting of the permanent injunction.

The appeal must be dismissed because the court lacks jurisdiction. In holding that Hain was entitled to damages and an accounting for those damages, the court bifurcated the trial into the separate issues of liability and damages. Because the determination of liability, alone, is not a final judgment under the circumstances of this case, this court does not have jurisdiction pursuant to 28 U.S.C. § 1291 . See Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 744 , 96 S.Ct. 1202, 1206 , 47 L.Ed.2d 435 (1976); Garzaro…