Curves International v. Nash

Attorney Fees

, New York Law Journal


Judge Lawrence Kahn

Curves International's action for contract breach, Lanham Act violations and trade secret misappropriation alleged former franchisee Nash's improper use of its marks, mailing and membership lists and other proprietary materials to market and sell her own fitness training services, through NV Fitness, in competition with Curves. Nash and NV Fitness never responded to Curves' 2011 complaint asserting, among other claims, breaches of their Aug. 13, 2009, agreement terminating Nash's franchise (Termination Agreement) and their covenant not to compete. District court awarded Curves International $8,230.24 in legal fees and costs for claims arising from the parties' June 1, 2000 franchise agreement and their Termination Agreement. Both the Franchise Agreement and Lanham Act, contained fee-shifting provisions entitling Curves to recovery of litigation costs. Using the rates in Zalewski v. T.P. Builders to calculate a lodestar the court concluded that based on the Zalewski rates and documentation provided by Curves, Curves was entitled to $3,725.24 to cover legal fees and costs for services provided by law firm Garfunkel Wild PC, and $4,505 to cover legal fees and costs for services provided by Chronakis Siachos LLC.

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