Big O Tire Dealers, Inc. (Big O) (plaintiff) had tire dealerships in 14 states. In 1973 Big O began manufacturing tires it called the Big O Big Foots. Subsequently, The Goodyear Tire & Rubber Company (Goodyear) (defendant) launched a nationwide advertising campaign using the word “Bigfoot” in the sale of its tires. Goodyear’s Bigfoot advertising campaign cost $9,690,029. Big O brought suit against Goodyear for trademark infringement. The jury found infringement and awarded Big O $2.8 million in compensatory damages, which corresponded to Goodyear’s nationwide advertising budget, reduced by the percentage of states in which Big O did business (.28*$9,690,029). Goodyear appealed.