Gabbanelli Accordians Imports L L C V Ditta Gabbanelli Ubaldo Di Elio Gabbanelli No 08 1569

In a trademark dispute, district court judgment is affirmed in part and reversed in part where: 1) the court properly granted summary judgment for plaintiff as defendant missed the deadline for responding to a request for admissions, and the Italian judgment in defendant’s postdates the American one, and thus cannot be pleaded as res judicata; and 2) the court erred in awarding lost profits and statutory damages, as the lost profits are compensatory damages, and statutory damages may be awarded only in cases in which compensatory damages are not awarded for the same violation.    

Read Gabbanelli Accordians & Imports, L.L.C. v. Ditta Gabbanelli Ubaldo Di Elio Gabbanelli, No. 08-1569

Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued: January 21, 2009 Decided: July 30, 2009

JudgesBefore POSNER, FLAUM, and WOOD, Circuit Judges.Opinion by POSNER, Circuit Judge.

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