093543P.pdf   01/06/2011  Mary Masters  v.  UHS of Delaware, Inc.
   U.S. Court of Appeals Case No:  09-3543
                          and No:  09-3700
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Loken and Hansen, Circuit Judges]
   Civil case - Lanham Act. District court did not err in submitting
   defendant's equitable defenses to a jury, and the jury's resolution of the
   issues in plaintiff's favor was supported by substantial evidence; the
   jury's finding that defendant breached the parties' agreement by using
   plaintiff's mark outside the scope of the agreement was supported by the
   record; plaintiff was not limited to injunctive relief to remedy defendant's
   breach and monetary relief was appropriate; evidence supported the jury's
   finding that defendant willfully infringed the mark; neither the relevant
   statutes nor the court's prior cases dictate that actual confusion between
   the parties or their businesses is necessary to establish a compensable
   claim; the $2.4 million verdict was not punitive in nature as it rests on the
   valid rationale of preventing unjust enrichment and the jury's answer that
   plaintiff did not suffer damages as a result of the breach did not bar
   recovery; amount awarded was not excessive in light of evidence that
   defendant made a $6 million profit on its unauthorized use of the mark.