Law360, Los Angeles (June 13, 2017, 7:10 PM EDT) — A California federal judge tentatively ruled Tuesday that Dan Aykroyd’s Crystal Head Vodka company is entitled to a U.S. sales ban and $870,000 in disgorged profits from a spirits rival that knocked off its iconic bottle — short of the worldwide ban and $13 million the company requested. U.S. District Judge Consuelo B. Marshall said she based her tentative award on data provided by defendant Element Spirits Inc. on its gross sales after expenses from 2010 to 2015. After prevailing in March in its trade dress infringement suit, Crystal Head Vodka maker Globefill Inc. is also seeking $4.3 million in attorneys’ fees, although the court on Tuesday did not issue any decision on that request.
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“Defendants’ entire creation story for KAH Tequila is just that, a story, which was completely undermined” by the testimony of a tattoo artist, who told the jury that Brandi gave him a Crystal Head bottle to help him cast early versions of the KAH bottles, according to the filing,” the brief said.
That conduct should qualify Globefill to receive attorneys’ fees, the company argued. saying that it fits the fee award requirements of both “subjective bad faith” and “exceptionally meritless” claims, according to the brief.