FEATURED VERDICT: $4.7 Million Verdict in “Milkman” trademark infringement case

Case No. 2015-CV-01586 – AOP Ventures Inc. v. Steam Distribution LLC, et al.

In November, a jury returned a $4.7 million verdict against defendants Steam Distribution LLC, One Hit Wonder Inc., and Anthony Tellez, III for trademark infringement and false designation of origin. The Plaintiff alleged that Defendants’ use of “Milk Man” infringed on Plaintiff’s registered trademark “The Milkman,” which Plaintiff uses in connection with its e-cigarette liquid products.

The Defendants denied all allegations and claimed priority based on the sale of eight bottles of their own e-cigarette liquid. The issue of priority was decided by the Court in October of 2016 in response to Plaintiff’s motion for summary judgment. The motion was granted in part and denied in part. In its decision, the Court concluded that the sale of eight bottles at two local vape shops was merely a token use and insufficient to support common law trademark rights.

The issue of damages was left to a jury trial, which concluded in November. The jury concluded that the all of Defendants’ sales were linked to the infringement and awarded the verdict of $4.7 million to the Plaintiff.