Judge Robert Sweet
Schatzki oversaw Weiser Capital Management’s (WCM) operations and instructed its employees to use SmartOffice. WCM incorporated coplaintiff BPP Wealth Inc.’s trade and service marks into its web site and promotional materials. Such incorporation persisted after Schatzki’s May 3, 2010, termination. The court dismissed unjust enrichment claim arising from WCM’s and codefendant WeiserMazars LLP’s copying, and retention of, Schatzki’s client information when data from the SmartOffice database was transferred to the ACT! database. The evidence did not show defendants benefitted from the client data. All WCM employees under Schatzki’s management remained with WCM after her termination. Thus any adoption of Schatzki’s processes that benefitted WCM or WeiserMazars did not flow solely from their transfer of Schatzki’s client data to ACT! However, given the totality of circumstances surrounding defendants’ use of plaintiffs’ marks—including Schatzki’s role at WCM, the circumstances of her termination, and the marks’ ultimate removal from WCM’s web site and promotional materials—the court awarded Schatzki and BPP $15,000 in statutory damages under 15 USC §1117(c) for WCM’s trademark infringement.
