Sanctions

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7^th Circuit Court of Appeals

Case Name: Quincy Bioscience, LLC, v. Ellishbrooks, et al.,

Case No.: 19-1799

Officials: FLAUM, RIPPLE, and WOOD, Circuit Judges.

Focus: Sanctions

After our decision on the merits, Quincy Bioscience, LLC v. Ellishbooks, 957 F.3d 725 (7th Cir. 2020), we later granted Quincy Bioscience, LLC’s (“Quincy”) motion for sanctions. The order directed Quincy to submit a statement of its costs and fees incurred in the case within fourteen days and gave the appellants (collectively “Ellishbooks”) fourteen days to raise any objections. Quincy has submitted its statement and requests $50,059.50 in attorneys’ fees. Ellishbooks has responded in opposition and also seeks confirmation that sanctions were not imposed against its attorney, Robert DeWitty. Quincy sought, and was granted, leave to file a sur-reply to counter Ellishbooks’s assertion that the sanctions were imposed only against Ellishbooks, and not its counsel.

The underlying facts are fully set forth in our merits opinion, see Quincy Bioscience, LLC, 757 F.3d at 726–28, and we therefore only briefly summarize them here. Quincy filed suit against Ellishbooks alleging that it violated the Lanham Act, 15 U.S.C. §§ 1114, 1125, and various state laws when it engaged in the unauthorized and unlawful sale of Quincy’s dietary supplements bearing the Prevagen® trademark. Quincy successfully sought a default judgment, and, after a prove‐up hearing the district court awarded Quincy $480,968.13 plus costs. The court also permanently enjoined Ellishbooks from infringing upon Quincy’s trademark and selling stolen products bearing the Prevagen® mark. We affirmed, concluding that Ellishbooks’s arguments on appeal were meritless. Quincy then moved for sanctions under Federal Rule of Appellate Procedure 38. We granted the motion because Ellishbooks’s arguments “had virtually no likelihood of success” on appeal and because it appeared that Ellishbooks had attempted to draw out the proceedings for as long as possible. Quincy Bioscience, LLC v. Ellishbooks, 961 F.3d 938, 941 (7th Cir. 2020) (per curiam). Sanctions are awarded against both the appellants and Mr. DeWitty in the amount of $44,329.50.

So ordered

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.