The opinion of the court was delivered by: William Q. Hayes United States District Judge
The matter before the Court is the Motion for Reimbursement of Attorneys' Fees and Costs filed by Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG. (Doc. # 15).
On June 3, 2009, Plaintiffs initiated this action by filing the Complaint in this Court. (Doc. # 1). The Complaint alleges claims for trademark infringement and unfair competition pursuant to the Lanham Act and California law. The Complaint seeks damages, injunctive relief and attorneys' fees and costs.
On August 31, 2009, the Clerk of the Court entered default as to Defendant. (Doc. # 8).
On November 3, 2009, Plaintiffs filed a Motion for Default Judgment. (Doc. # 10). Plaintiffs moved the Court for entry of a permanent injunction and an award of attorneys' fees and costs. Plaintiffs did not move for an award of damages.
Defendant did not file a response to the Motion for Default Judgment.
On December 22, 2009, the Court granted the Motion for Default Judgment (Doc. # 12), and entered Judgment against Defendant (Doc. # 14). The Court permanently enjoined Defendant from using Plaintiffs' "roundel logo" and ordered that "Plaintiffs shall be reimbursed, pursuant to Lanham Act § 35, 15 U.S.C. § 1117(a), their reasonable attorneys' fees and costs incurred in this action." (Doc. # 14 at 2).
On January 20, 2010, Plaintiffs filed the Motion for Reimbursement of Attorneys' Fees and Costs. (Doc. # 15). In support of the motion, Plaintiffs submitted an affidavit and exhibits. The motion contains a certificate of service, indicating that the motion was served upon Defendant.
The docket reflects that Defendant has not filed a response to the Motion for Reimbursement of Attorneys' Fees and Costs.
Plaintiffs seek their "attorneys' fees and costs arising from its enforcement efforts from August 2008 through November 2009, totaling $14,027.47." (Doc. # 15 at 6). According to an affidavit from one of Plaintiffs' attorneys, John G. Froemming, Plaintiffs' outside counsel (consisting of four attorneys and a paralegal) performed 41 hours of work over 16 months in connection with this matter, which was billed at a total of $13,011.25. (Froemming Decl. ¶ 12, Doc. # 15-1). Froemming's affidavit also indicates that Plaintiffs are seeking reimbursement of $1,016.22 in costs associated with this litigation. (Id.) Plaintiffs do not seek reimbursement for certain Westlaw research costs, for work conducted by Plaintiffs' in-house counsel, or for work conducted by Plaintiffs' attorneys in December 2009 and January 2010 in connection with enforcing the Court's Judgment and drafting the Motion for Reimbursement of Attorneys' Fees and Costs. (Doc. # 15 at 4-5; see also Froemming Decl. ¶ 12 n.2, Doc. # 15-1).
In the December 22, 2009 Order, the Court concluded that Plaintiffs are entitled to reasonable attorneys' fees and costs pursuant to the Lanham Act, 15 U.S.C. § 1117(a). (Doc. # 12 at 5-6). The sole remaining issue is whether the ...