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United States District Court for the Northern District of Illinois Eastern Division
November 16, 1981
No. 80 C 5389
[**188] FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO DAMAGES UNDER RULE 52
Judge Hubert L. Will
By Order entered October 23, 1981, in response to plaintiffs' motion for summary judgment or, in the alternative, for partial summary judgment, this Court found each of the defendants, Creative Screen Design, Ltd., ("Creative"), Arnold Goldzweig, the president of Creative, and Allan Goldzweig, the secretary-treasurer of Creative to be liable. In its Order, this Court also entered certain Findings of Fact and set for trial two remaining issues: the amount of infringing sales by defendants and the measure of recovery by plaintiffs. [**189]
The case came on for trial of the damage issues on November 12, 1981. In view of the recent Chapter VII bankruptcy of defendant Creative, the Court severed the claim for damages against the individual defendants Arnold and Allan Goldzweig. Based upon the testimony at trial of seven witnesses, including both defendants, the other documentary and physical evidence introduced at trial and the evidence already of record in this case, the Court reaffirms and incorporates herein by reference its Findings of Fact entered October 23, 1981, and hereby enters [*2] the following additional Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
47. Based upon the coded sales records of Creative, the interpretation of the codes used and the presumptions created thereby, Creative printed and sold the following numbers of bootleg T-Shirts and Jerseys, each bearing the name of one or more of the plaintiffs in this case:
(a) 103, 662 (8,638 1/2 dozen) bootleg T-Shirts; and,
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
1981 U.S. Dist. LEXIS 16385 *; 214 U.S.P.Q. (BNA) 188 **
WINTERLAND CONCESSIONS COMPANY, a California corporation, d/b/a WINTERLAND PRODUCTIONS, NIGHTMARE PRODUCTIONS, INC., a California corporation d/b/a JOURNEY, REO SPEEDWAGON, INC., a California corporation, SBB, INC., a Michigan corporation d/b/a BOB SEGER, GIMCASTLE LTD., a New York corporation, d/b/a BLACK SABBATH, BLUE OYSTER CULT, INC., a New York corporation, GRATEFUL DEAD PRODUCTIONS, INC., a California, AMBOY DUKES, INC., a Michigan corporation, d/b/a TED NUGENT, STEADY STATE, INC., a California corporation, d/b/a SAMMY HAGAR, AEROSMITH PRODUCTIONS, INC., a California corporation, FLEETWOOD MAC TOURS, a partnership of California, DIRTY DEEDS, LTD., a Delaware corporation, d/b/a AC/DC, HEART GENERAL PARTNERSHIP, a partnership of Washington, d/b/a HEART, MUSIC MAKERS, INC., a California corporation d/b/a THE DOOBIE BROTHERS, and, BRUCE SPRINGSTEEN, an individual domiciled in New York, Plaintiffs, v. CREATIVE SCREEN DESIGN, LTD., ARNOLD GOLDZWEIG and ALLAN GOLDZWEIG, Defendants.
concert, bootleg, shirts, sales, infringing, licensed, dozen, damages, attorney's fees, Lanham Act, percent, trebled, printed, retail, codes
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