WWP, Inc. v. Wounded Warriors Family Support, Inc.

In 2007, Wounded Warrior Project, Inc. (WWP) (plaintiff), a charitable organization that provided services to wounded armed-forces veterans and their families, filed suit in federal district court against Wounded Warriors Family Support, Inc. (WWFS), alleging trademark infringement, unfair competition, and deceptive trade practices. WWFS, a newer charitable entity similar to WWP, assisted veterans by primarily collecting donations via website. WWP claimed that because WWFS’s website mimicked WWP’s design in many respects, potential donors were confused into thinking that they were supporting WWP when they were actually supporting the newer WWFS. When WWFS launched its website, donations to WWFS rose from $1,300 to over $87,900 per month. WWP’s expert, Robert Kirchner, estimated that the damages due to misdirected donations exceeded $2 million. During discovery, WWFS requested that WWP produce all documents relating to any donations that had been received by WWP since January 1, 2002. WWP refused. WWFS filed a motion to compel production of the documents. The district court denied the motion, concluding that requesting documents related to tens of thousands of donors was overbroad and unduly burdensome and would not reasonably lead to the discovery of admissible evidence. Additionally, the district court held that donations intended for WWFS but retained by WWP were not relevant to the calculation of damages. After a trial, a jury held for WWP. The district court issued a preliminary injunction requiring WWFS to remove its website from the Internet. WWFS appealed.