Logourl black
From our private database of 14,200+ case briefs...

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

United States Court of Appeals for the Eighth Circuit
628 F.3d 1032 (2011)


Facts

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.

Rule of Law

Issue

Holding and Reasoning (Riley, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.