Case: Trademarks & Unfair Competition/Equitable Accounting (S.D. Ala.)

ZP No. 314 LLC’s belated request for an equitable accounting to prove damages in the form of ILM Capital LLC’s profits or damages sustained by ZP for ILM’s trademark infringement and unfair competition is denied. ZP, in its amended complaint, originally requested nominal relief, equitable relief, including preliminary and permanent injunctive relief, costs and attorneys’ fees, and an order directing that ILM give an accounting of any and all profits derived from the sale of products or services through the use of the infringing marks or domain names. But in pretrial proceedings and at trial, ZP made the conscious and ...