Patsy's Brand, Inc. v. I.O.B. Realty, Inc.

Background

In an August 5, 2021 order, the court found I.O.B. Realty, Inc. and Isa “Frank” Brija in contempt of court, along with their former trademark counsel Paul Grandinetti and Rebecca Stempien Coyle. The court had determined that Patsy’s Brand, Inc. was entitled to the reasonable attorneys’ fees and costs it incurred bringing and litigating the contempt motion. The earlier order assigned half of those fees and costs to Defendants and the other half to Former Counsel.

Patsy’s Brand submitted billing records and other documentation supporting its request. Defendants and Former Counsel opposed the requested award.

Attorneys’ Fees

The court calculated the award using the lodestar method, which multiplies a reasonable hourly rate by the reasonable number of hours worked. It approved the requested hourly rates for Joel G. MacMull, Ronald D. Coleman, and Brian M. Block: $460 per hour for MacMull, $476 for Coleman, and, for Block, $280 for work billed in 2019, $312 in 2020, and $340 in 2021.

The court reduced Alexa Tierney’s requested paralegal rate to $175 per hour. It also reduced certain billed hours involving travel and entries that combined travel with substantive work. After these adjustments, the court found that the reasonable hours were 366.9 for MacMull, 8.75 for Coleman, 277.5 for Block, and 47.1 for Tierney. The resulting lodestar was $269,262.30.

The court allowed compensation for time spent preparing the fee application. It also declined to reduce the award based on claimed financial hardship because Defendants and Former Counsel had not provided enough documentation to establish that hardship. The court noted that Patsy’s Brand had submitted public records showing that Defendants owned real estate with a market value exceeding $3.5 million and apparently without mortgages.

Costs

The court awarded the requested $15,274.42 in costs in full. The costs included legal research, hearing transcripts, trademark investigation, shipping and subpoena service, hearing exhibits, a certified weather report, travel and parking, and electronic court-record access fees. The court found the costs reasonably necessary and supported by receipts or contemporaneous invoice entries.

Disposition

The court awarded Patsy’s Brand a total of $284,536.72: $269,262.30 in attorneys’ fees and $15,274.42 in costs. Defendants were ordered to pay $142,268.36 by May 6, 2022, and Former Counsel were ordered to pay another $142,268.36 by the same date. Former Counsel were jointly and severally responsible for their payment. Patsy’s Brand was required to certify in writing when it received the payments. The Clerk was directed to terminate all pending motions as moot and close the case.