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Winterland Concessions Co. v. Creative Screen Design, Ltd.

Winterland Concessions Co. v. Creative Screen Design, Ltd.

United States District Court for the Northern District of Illinois Eastern Division

November 16, 1981

No. 80 C 5389

Opinion

 [**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,

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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.

CORE TERMS

concert, bootleg, shirts, sales, infringing, licensed, dozen, damages, attorney's fees, Lanham Act, percent, trebled, printed, retail, codes

Torts, Invasion of Privacy, Appropriation, General Overview, Trademark Law, Trademark Enforcement by US Customs, Commercial Use, Business & Corporate Compliance, Trademark Law, Conveyances, Franchises, Entertainment Industry Falsity & Performance Misattribution, Trade Dress Protection, Federal Unfair Competition Law, False Advertising, False Designation of Origin, Elements of False Designation of Origin, Lanham Act, Particular Subject Matter, Names, Remedies, Remedies, Damages, Causes of Action Involving Trademarks, Infringement Actions, Types of Damages, Profits