Magistrate Judge David Peebles
Legends sued Nike under the Lanham Act for infringing on its Legends Are Forever trademark. The court’s Sept. 12, 2013, order required Legends to produce discovery, and awarded Nike attorney fees and costs in asserting its discovery related motion. Nike’s application for $25,186 in fees was supported by exhibits reflecting time spent by its three lawyers, calculated at rates ranging from $250 to $450 hourly. Considering the factors in the Fifth Circuit’s ruling in Johnson v. Ga. Highway Express, the court—which could not conclude that the presumption favoring application of the forum rule from Blum v. Stenson in determining a reasonable hourly rate should be set aside—awarded Nike $12,332 in attorney fees and costs. In addition to reducing the hourly rates charged by Nike’s three attorneys, the court eliminated time claimed for work done before July 10, 2013, and reduced the hours upon which fees will be awarded. Several time entries appeared excessive given the description of work performed and that the efforts of Nike’s lead and local counsels were duplicated. The court further reduced Nike’s costs representing expenses incurred by two attorneys for travel to Syracuse for a Sept. 11 hearing from $1,297 to $1,186.
