Nearly one year after WHIPgroup and its clients Bruce Kirby and Bruce Kirby, Inc. succeeded in a jury trial involving the famed Laser Sailboat, the Court issued an order awarding over $5.3 MM in damages. The award included over $800,000 in punitive damages, including attorneys’ fees, based on the Court’s finding that Defendants “engaged in an intentional and wanton violation of [Mr. Kirby’s] rights or that they engaged in outrageous conduct with reckless indifference to Mr. Kirby’s rights.”
The Court also denied motions by the Defendants for a new trial, in part because the jury’s verdict “was not against the weight of the evidence, was not seriously erroneous, and was not a miscarriage of justice.”
The Court’s order is long-awaited justice for Kirby who has been seeking accountability for the Defendants’ illegal acts for years. WHIPgroup never gave up on Kirby’s claims and was eager to take the case to trial to prove Defendants’ bad faith in using Kirby’s trademark and name without authorization.
WHIPgroup successfully obtained an Order of Preliminary Injunction in connection with a Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed in the U.S. District Court for the Northern District of Georgia [Read More…]
WHIPgroup continues to represent its client’s best interests, filing counterclaims in an ongoing arbitration administered by the American Arbitration Association. WHIPgroup brought claims for breach of contract and unjust enrichment as well as tortious interference [Read More…]