conducted by persons who are neither wealthy nor sophisticated from dealing in counterfeit goods.
Mr. Amirianfar contends that his annual take home from the business is about $ 35,000. The Court infers that the figure is net of taxes, so that the annual profitability of the business, assuming arguendo the accuracy of Mr. Amirianfar's figure, probably is in the realm of $ 45,000. The Court finds that statutory damages often percent of that amount are appropriate here, taking into account the inability to determine the extent to which the defendant profited from its unlawful activities, the willfulness of its conduct, and the need to deter others from engaging in similar activities. Accordingly, the Court fixes the statutory damages at $ 4,500.
Section 35(a) of the Trademark Act, as amended,
permits the court to award attorney's fees in "exceptional cases." "Usually, the type of conduct that has sufficed to make out an 'exceptional case' is intentional, deliberate or willful infringement."
Here, the willfulness of the infringement is established. Moreover, defendant's conduct with respect to the litigation has caused needless expense for the plaintiff and unnecessarily consumed a great deal of the Court's time. In consequence, an award of attorney's fees is appropriate. Taking into account the effort that plaintiff's counsel have devoted to the case, the value of such services in this market, the fact that judgment was obtained by default, plaintiff's means, and the award of statutory damages, the Court finds that a reasonable attorney's fee with respect to this defendant is $ 3,500.
The Clerk shall amend the amended judgment in favor of plaintiff and against defendant Home Boy 2000 as follows:
1. The name of the defendant shall be changed from Home Boy 2000 to "JAF, Inc., d/b/a Home Boy 2000."
2. Plaintiff shall recover monetary damages and attorney's fees against the defendant in the total amount of $ 8,000.
Dated: March 13, 1998
Lewis A. Kaplan
United States District Judge