UNITED
STATESDISTRICTCOURTEASTERN
DISTRICTOF
VIRGINIANorfolkDivision
TATTOO
ART,INC.,
A
VirginiaStock
Corporation,
Plaintiff,
v#
Civil
Action
No.
2:10cv323
TATINTERNATIONAL,
LLC,
A
MichiganLimitedLiability
Company,
and
Kirk
A.
Knapp,
Individually,
Defendants.
FINDINGS
OF
FACTANDCONCLUSIONS
OF
LAW
Pursuant
to
this
Court'sOpinion
and
OrderdatedFebruary
28,
2011,
this
matter
wastried
before
the
Court,
as
to
the
issue
of
damages
only,
on
March
1
and
2,
2011.
At
the
conclusion
oftrial,
theCourt
instructed
the
parties
to
fileproposed
findings
of
fact
andconclusions
of
law
within
two
weeks
from
the
datethatthetrial
transcriptsweremade
available
to
them.
On
March
24,
2011,
defendantsTAT
international,LLC
("TAT")
andKirk
A.
Knapp
("Knapp"
and,
collectivelywith
TAT,the
"defendants")filed
anunopposed
motion
for
an
extension
of
time
to
make
such
filing.
TheCourt
granted
such
motion
onthatsame
date,
and
the
parties
timely
madetheirrespectivefilings
on
March
28,
2011.
Case 2:10-cv-00323-MSD -DEM Document 77 Filed 06/29/11 Page 1 of 77 PageID# 1358
Pursuant
to
anOrder
ofthis
Court
dated
June
3,
2011,
an
on-the-record
telephonicstatusconferencewas
held
on
June
17,
2011
to
address
certain
legalissuesthat
were
not
adequately
addressed
in
theparties'
proposed
findings
of
fact
and
conclusions
of
law.
Plaintifffiled
a
memorandum
regarding
thoseissues
ontheeve
of
the
statusconference;
the
Court
alloweddefendantsuntilclose
of
businessonJune
21,
2011
to
file
a
response
to
plaintiff's
memorandum,
butdefendants
filed
no
response.
Afterconsideration
of
the
evidenceofferedby
the
parties
attrial,
their
respective
proposed
findings
of
factand
conclusions
of
law,
their
argumentsduring
the
telephonic
status
conference,
as
well
as
the
record
of
this
matter
as
a
whole,the
Court
now
makesthe
followingfindings
of
fact
andconclusions
of
law.
TheCourtalsodetails
herein
the
manner
in
which
judgment
in
favor
of
plaintiff
isto
beentered
after
the
Court
hasissued
a
Final
Order
on
plaintiff'srequest
for
attorney's
fees.
I.
PROCEDURAL
HISTORY
This
Court
previously
recounted
the
proceduralhistory
of
the
instantmatter
in
detail
in
its
February
28,
2011
Opinionand
Order,see
Docket
No.
48
at
6-8,
and
will
thereforeonly
partially
reiterate
that
history
herein.
Theinstantmatter
is
the
secondlawsuitplaintiffTattoo
Art,
Inc.
("Tattoo
Art")has
Case 2:10-cv-00323-MSD -DEM Document 77 Filed 06/29/11 Page 2 of 77 PageID# 1359
filedagainst
defendantsTATand
Knapp.
Plaintifffiled
the
firstlawsuit
in
this
Court,
Civil
Action
No.
2:09cv314,on
July
7,
2009.
Defendantsthereafter
filed
a
motion
to
dismiss
on
thebasis
of
a
mandatorymediationprovision
in
the
license
agreementbetween
the
parties,
andafterbriefingand
a
hearing
on
December
21,
2009,
this
Court
granted
that
motionbyOpinion
andOrderdatedMay
14,
2010,
dismissing
thecase
without
prejudice.Thepartiesthereafter
submitted
the
matter
to
mediation,
butwereunable
to
resolvetheir
dispute.
Plaintiff
filed
its
complaint
in
the
instantmatter
on
July
2,
2010,
alleging
(as
it
had
inits
prior
lawsuit)
causes
of
action
for
breach
ofthe
parties'
licenseagreementand
copyright
infringement,
andrequesting
damages,
attorney's
fees,
costs,
and
a
permanent
injunction.
Defendantsanswered
the
complaint
on
August
11,
2010.
Plaintifffiled
a
motion
for
partialsummaryjudgment
asto
liability
on
December
10,
2010,
whichwasfully
briefed,
and
on
which
this
Court
held
a
hearing
on
February
11,
2011.
By
OpinionandOrderdatedFebruary
28,
2011,
thisCourt
granted
plaintiff's
motion.As
previously
noted,this
matter
was
consequentlytriedbefore
theCourt,asto
theissue
of
damages
only,
on
March
1
and
2,
2011,
and
the
partiesthereafter
submitted
proposed
findings
of
fact
and
conclusions
of
law
on
March
28,
2011.
OnMay
5,
2011,
plaintifffiled
a
renewed
Case 2:10-cv-00323-MSD -DEM Document 77 Filed 06/29/11 Page 3 of 77 PageID# 1360
Search History:
Result 00 of 00
00 results for result for
p.
Tattoo Art v. Tat Int'l (E.D. Va. June 29, 2011)
Court (E.D. Va.) agrees with 2d Cir. in Bryant: only one statutory damage award per book of tattoos.
763
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