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Proving Damages for Trademark Infringement In the Eleventh Circuit
In Instant One Media, Inc. v. EzFauxDecor, LLC et al., No. 22-11374 (11th Cir. Mar. 9, 2023), the United States Court of Appeals for the Eleventh Circuit affirmed in part, vacated in part, and remanded a damages award from the United States District Court for the Northern District of Georgia.
Background
Instant One Media, Inc. (Instant One) sued EZ Faux Decor, LLC (EZ) for breach of contract under Georgia state law and trademark infringement under the Lanham Act. Both sell vinyl adhesive products to resurface countertops and appliances. In 2017, Instant One and EZ settled previous litigation where EZ agreed not to use the term "instant" within two words of the terms "granite" or "stainless." Instant One then registered trademarks for "instant granite" and "instant stainless." By 2018, EZ was violating the parties' settlement agreement and infringing Instant One's trademarks.
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