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Decision 2d Cir Lv v Ly

Decision 2d Cir Lv v Ly

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Published by mschwimmer
secpnd circuit trademark counterfeiting decision LV v LY re stay of criminal proceedings vs 5th amendment
secpnd circuit trademark counterfeiting decision LV v LY re stay of criminal proceedings vs 5th amendment

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Published by: mschwimmer on Mar 30, 2012
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03/30/2012

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08-4483-cv(L)Louis Vuitton Malletier S.A. v. LY USA, Inc.
UNITED STATES COURT OF APPEALS1FOR THE SECOND CIRCUIT2August Term, 20103(Argued: May 27, 2011Decided: March 29, 2012)45Docket Nos. 08-4483-cv, 08-4525-cv, 08-4528-cv, 08-5108-cv, 08-65273-cv, 08-5290-cv7-------------------------------------8LOUIS VUITTON MALLETIER S.A.,9Plaintiff-Appellee,10- v -11LY USA, INC., COCO USA INC., CHONG LAM, MARCO LEATHER GOODS,12LTD., JOYCE CHAN,13Defendants-Cross Claimants-Cross Defendants-Appellants.14-------------------------------------15Before:SACK, LIVINGSTON, and LYNCH, Circuit Judges.16Appeal from a judgment of the United States District17Court for the Southern District of New York, Alvin K.18Hellerstein, Judge, granting summary judgment to the plaintiff on19its claims of trademark counterfeiting and infringement, and20awarding the plaintiff statutory damages in the amount of21$3 million, and more than $500,000 in attorney's fees and costs.22The defendants base their appeal of the judgment on the23counterfeiting and infringement claims primarily on the district24court's denial of a stay of the action pending the resolution of25a related criminal proceeding. They also appeal from the award26of attorney's fees to the plaintiff under 15 U.S.C. § 1117. We27
 
2conclude that the district court did not abuse its discretion in1declining to stay the proceedings; that, as the district court2concluded, an award of attorney's fees under 15 U.S.C. § 1117(a)3may accompany an award of statutory damages pursuant to 15 U.S.C.4§ 1117(c); and that the district court did not abuse its5discretion in awarding such fees or in setting their amount.6The judgment of the district court is affirmed.78ANGELO RIOS (Mark N. Antar, on the9brief), Cheven, Keely & Hatzis, New10York, NY, for Defendants-Cross11Claimants-Cross Defendants-Appellants12CoCo USA Inc. and Joyce Chan.13JOHN K. ZWERLING (Michael G. Dowd, Law14Offices of Michael G. Dowd, New York,15NY;
 
Kathleen C. Waterman, Thomas Torto,16Law Offices of Kathleen C. Waterman, New17York, NY, on the brief) Zwerling, Leibig18& Moseley, P.C., Alexandria, VA, for19Defendants-Cross Claimants-Cross20Appellants Chong Lam, LY USA Inc., and21Marco Leather Goods, Ltd.22MICHAEL J. ALLAN (William G. Pecau, on23the brief), Steptoe & Johnson LLP,24Washington, DC, for Plaintiff-Appellee25Louis Vuitton Malletier.2627SACK, Circuit Judge:28The defendants -- LY USA, Inc., CoCo USA Inc., Marco29Leather Goods, Ltd., Chong Lam, and Joyce Chan -- appeal from30judgments entered September 2, 2008, and October 15, 2008, in the31United States District Court for the Southern District of New32York (Alvin K. Hellerstein, Judge) granting summary judgment to33the plaintiff Louis Vuitton Malletier S.A. ("Louis Vuitton" or34"Vuitton") on its claims of trademark counterfeiting and35
 
1
We refer to such fees throughout this opinion as"attorney's fees," the term used in 15 U.S.C. § 1117(b), ratherthan the less commonly used "attorney fees," the term used in 15U.S.C. § 1117(a), or the likely more accurate "attorneys' fees,"see NAACP v. Town of E. Haven, 259 F.3d 113, 115 n.1 (2d Cir.2001) ("Although the fees sought in this case are for multipleattorneys, we refer to them in the singular possessive,'attorney's fees,' because that is the term used by [the statutein that case] for such awards.").3infringement, and awarding Vuitton statutory damages in the1amount of $3 million, and more than $500,000 in attorney's fees
1
2and costs.3The defendants appeal from five separate decisions of4the district court: (1) the grant of summary judgment on the5trademark counterfeiting and infringement claims; (2) the award6of statutory damages; (3) the denial of the defendants' motion to7adjourn oral argument to permit the defendants to examine8purportedly new evidence; (4) the denial of the defendants'9motion to stay the proceeding pending the outcome of a related10criminal proceeding; and (5) the grant of attorney's fees in11addition to statutory damages. We affirm the judgment of the12district court on the first three of these issues by a summary13order filed today. This opinion addresses only the denial of the14motion for a stay and the award of attorney's fees.15The defendants argue that the district court erred in16denying the requested stay because the court did not give17sufficient weight to the consequent impairment of the indicted18defendants' Fifth Amendment privilege against self-incrimination,19and because it failed to consider the practical difficulties20

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