Diane Von Furstenberg Studio v. Snyder

294 F. App'x 10

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 18, 2008
• Docket: 07-2172
• Status: Unpublished

Opinion

PER CURIAM:

Catherine Snyder appeals the district court’s order entering judgment against her on Plaintiffs trademark infringement claim under 15 U.S.C. § 1114 (2000), trademark dilution claim under 15 U.S.C.A. § 1125(c) (West 1998 & Supp. 2008), and under Virginia common law. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s judgment. See Diane Von Furstenberg Studio v. Snyder, No. l:06-ev-01356-JCC, 2007 WL 3143690 (E.D.Va. filed Oct. 23, 2007; entered Oct. 24, 2007). * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

* We note that the district court erred in holding that the Plaintiff’s registration provided Snyder with constructive notice for the purposes of the damages award. This error was harmless, however, because Plaintiff was enti-tied to elect statutory damages even if Snyder had no actual notice of the registration of Plaintiff’s mark. See 15 U.S.C. §§ 1116(d)(1)(B)(I), 1117(c) (2000).