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

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By FindLaw Staff on July 30, 2009 4:29 PM

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

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

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