Howard Stores Corp. v. Howard Clothing, Inc.

ORDER

EDENFIELD, District Judge.

On November 24, 1969, this court entered an order enjoining defendant from using in the advertising, sale or distribution of its goods the words “Howard Clothes” and any other words which are confusingly similar to plaintiff’s trademark “Howard” and “Howard Clothes.” 308 F.Supp. 70. The case is now before the court for a determination as to *705whether plaintiff is entitled to an accounting for profits, damages, and attorneys’ fees.

The parties concede that an award for attorneys’ fees is not appropriate under the Lanham Act and must be made, if at all, on the basis…