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840 Trademark | Illinois Northern
Minute
MINUTE entry before the Honorable Lindsay C. Jenkins: The Court grants the motion to enter a Consent Judgment and Permanent Injunction, as agreed by and between Young Innovations and Peter S. Park. Separate Order to issue. Mailed notice. (jlj, ) (Entered: 09/24/2024)
MINUTE entry before the Honorable Lindsay C. Jenkins: As between Plaintiff Young Innovations and Defendants Richard Park and US Dental, the Court separately enters a civil contempt order. The Court awards Plaintiff $150,000 in statutory damages under the Lanham Act, 15 U.S.C. § 1117 and $69,462 in fees and costs under § 1117(a) and (b) payable by Defendants US Dental and Richard Park. The Court seriously considered whether to hold attorney Andrew Kim responsible for paying all or part of the attorney fees and costs pursuant 28 U.S.C. § 1927, but an award of sanctions under § 1927 requires a "causal link between the misconduct and fees." Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101, 108 n.5 (2017). Here, the responsibility for the contempt violation lies squarely with Defendants and their unwillingness to comply with the orders previously issued in this case. While the Court has no doubt that attorney Kim could have done more to prevent Defendants' actions, it is not prepared to find that Kim's conduct was objectively unreasonable and vexatious under the statute. This statement should not be read to condone Attorney Kim's conduct, which fell far below the level of professionalism the Court expects on behalf of litigants in this district. But the Court declines to hold him responsible for any portion of the fees awarded in the case. This civil case is terminated. Mailed notice. (jlj, ) (Entered: 09/24/2024)
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