Dial One of the Mid-South, Inc. v. BellSouth Telecommunications, Inc.

JERRY E. SMITH, Circuit Judge:

In this case brought under the Lanham Act for infringement of the Dial One trademark in New Orleans, judgment was for plaintiffs with an award of actual damages. Defendants challenge the standard used in applying the innocent infringer defense and the award of damages. Plaintiffs cross appeal the decision to exclude evidence of loss of goodwill to the Dial One mark. We find no reversible error and affirm.

I

Dial One of the Mid-South, Inc. (“Dial One”), is the franchise holder, and Help Service Company, Inc. (“Help”), and Campbell’s Plumbing and Heating, Inc.…