171570P.pdf   12/21/2018  B&B Hardware, Inc.  v.  Hargis Industries, Inc.
   U.S. Court of Appeals Case No:  17-1570
                          and No:  17-1755
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Loken and Benton, Circuit Judges] 
   Civil case - Trademarks. For a summary of the appeals in this matter, see 
   B&B Hardware v. Hargis (Hargis V), 716 F.3d 1020 (8th Cir. 2013). At this 
   end of this trial, the jury found Hargis had infringed on B&B's trademark 
   but did not do so willfully, awarded B&B none of Hargies's profits, and 
   found for Hargis on its counterclaims and its affirmative defense of 
   fraud. Based on the jury's findings, the district court found that B&B's 
   mark of "Sealtight" was not entitled to incontestability status and that 
   B&B therefore had not pled an intervening change in circumstances allowing 
   it to relitigage claims raised in the parties' 2000 jury trial. Further, 
   treating the jury's finding on profits as advisory, the court found it 
   would be inequitable to award B&B any of Hargis's profits and refused to 
   disgorge Hargis of any of the profits. The jury verdict finding fraud and 
   lack of willfulness was not clearly erroneous; the district court did not 
   abuse its discretion in refusing to disgorge Hargis of its profits; the 
   district court did not abuse its discretion in denying Hargis's motion for 
   attorneys' fees and costs.