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IMAGINEERING, INC. v. VAN KLASSENS, INC.

Nos. 94-1286, 94-1339, 94-1340 and 94-1343.

53 F.3d 1260 (1995)

IMAGINEERING, INC., Plaintiff-Appellee, v. VAN KLASSENS, INC. and Robert Lukingbeal, Defendants-Appellants, and Pitts & Brittian, P.C., and Robinson, Brog, Leinwand, Reich, Genovese & Gluck, P.C., Sanctioned Parties-Appellants.

United States Court of Appeals, Federal Circuit.

April 24, 1995.

Attorney(s) appearing for the Case

Jerre B. Swann, Kilpatrick & Cody, Atlanta, GA, argued for plaintiff-appellee. Of counsel were Theodore H. Davis, Jr. and Nicholas Mesiti. Also on the brief was Susan Farley Gullotti, Heslin & Rothenberg, Albany, NY.

Robert E. Pitts, Pitts & Brittian, P.C., Knoxville, TN, argued for defendants-appellants. With him on the brief were R. Bradford Brittian and Raymond E. Stephens.

David C. Burger, Robinson, Brog, Leinwand, Reich, Genovese & Gluck, P.C., New York City, was on the brief for the sanctioned parties-appellants.

Before NEWMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

Imagineering, Inc. sued Van Klassens, Inc. and its founder, Robert Lukingbeal for trade dress infringement, false advertising, unfair competition, and trade dress dilution. The jury found that Van Klassens infringed Imagineering's inherently distinctive trade dress. The jury also found that Van Klassens advertised falsely and competed unfairly. The jury awarded Imagineering compensatory damages of $860,000 and punitive damages of $4 million....

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