Coach, Inc. v. Quinn et al

Filing 66

MEMORANDUM AND ORDER - Coach's motion for nontaxable costs and attorney's fees (filing 60 ) is granted. The Court awards nontaxable costs and attorney's fees in the amount of $7,500.00. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COACH, INC. and COACH
SERVICES, INC.
8:16-CV-338
Plaintiffs,
vs.

MEMORANDUM AND ORDER

RAJA D. QUINN, d/b/a
WHOLESALE OUTLET, a/k/a RAJA
DEJOURN FASHIONS & FAWAZ
MUMTAZ RETAIL OUTLET,
Defendant.
This mater is before the Court on the motion for attorney's fees (filing
60) filed by the plaintiffs, Coach and Coach Services (collectively, Coach).
Coach requests fees in the amount of $39,369.50. Filing 60 at 1. That amount
represents 105.1 hours of work by Coach's attorneys at an hourly rate ranging
from $205.00 to $610.00 per hour. Filing 60-1 at 3. Coach also seeks to recover
nontaxable costs in the amount of $1,696.10. Filing 60-1 at 3.1
Under the Lanham Act, a prevailing plaintiff is entitled, subject to the
principles of equity, to recover the costs of the action. 15 U.S.C. § 1117(a)(3).
In addition, in "exceptional cases," a court may award reasonable attorney's
fees to the prevailing party. Id.; see, B & B Hardware, Inc. v. Hargis Indus.,
Inc., 716 F.3d 1020, 1027 (8th Cir. 2013); First Nat. Bank in Sioux Falls v. First
Nat. Bank S.D., 679 F.3d 763, 771 (8th Cir. 2012). Where a defendant's conduct
was willful and deliberate, a court may well determine that it is the type of

1

Taxable costs of $400 have already been taxed to the defendant. Filing 64.

exceptional case for which an award of attorney's fees is appropriate. First Nat.
Bank, 679 F.3d at 771. In addition, the UDTPA provides that costs shall be
allowed to a prevailing party and that attorney's fees may be allowed if the
party charged with a deceptive trade practice has willfully engaged in the trade
practice knowing it to be deceptive. Neb. Rev. Stat. § 87-303.2
The Court has already indicated that the defendant's conduct is willful.
See filing 40 at 8. The Court further finds that this is an exceptional case
warranting an award of fees: Coach has incurred its costs and attorney's fees
advancing a claim to which the defendant has raised no viable defense.
Accordingly, the Court will award costs and attorney's fees.
In assessing the reasonableness of the requested attorney's fees, the
Court considers the hours reasonably expended on the litigation, as well as the
reasonable hourly rate, to provide an objective basis to estimate the value of
the services rendered. See Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). And
Out-of-pocket litigation costs are generally recoverable if they are necessary
for the representation of the client. Tri-Star Pictures, Inc. v. Unger, 42 F. Supp.
2d 296, 306 (S.D.N.Y. 1999).
The Court has examined the plaintiff's evidence of costs and attorney's
fees, carefully considering the amount and the extent to which the evidence
explains their necessity and reasonability. See Prot. One Alarm Monitoring,
Inc. v. Exec. Prot. One Sec. Serv., LLC., 553 F. Supp. 2d 201, 210 (E.D.N.Y.
2008); see also Thelen Oil Co. v. Fina Oil & Chem. Co., 962 F.2d 821, 824 (8th

2

The Court recognizes that there is some uncertainty whether an award of attorney's fees is

available under § 1117(a) when the plaintiff opts for statutory damages under § 1117(c). See
Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 104-111 (2d Cir. 2012). The betterreasoned view, the Court finds, is that they are. Id. at 111. But attorney's fees are available
in this case regardless, under the UDTPA.

Cir. 1992). The Court concludes, under the applicable circumstances, that an
award of $7,500.00 for attorney's fees and nontaxable costs is fair and
reasonable.
IT IS ORDERED:
1.

Coach's motion for nontaxable costs and attorney's fees
(filing 60) is granted.

2.

The Court awards nontaxable costs and attorney's fees in the
amount of $7,500.00.

Dated this 1st day of August, 2018.
BY THE COURT:

John M. Gerrard
United States District Judge