182990P.pdf   04/06/2020  Safeway Transit LLC  v.  Discount Party Bus, Inc.
   U.S. Court of Appeals Case No:  18-2990
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Smith, Author, with Grasz and Stras, Circuit Judges] 
   Civil case - Trademarks. Where the district court enjoined defendant from 
   using certain trademarks or related domain names, keywords or hashtags in 
   connection with the advertisement of its party bus services, the court did 
   not err in denying plaintiffs' requests for disgorgement of profits and 
   attorneys' fees; the court's finding that there was no actual confusion - 
   and as a result, no unjust enrichment - was not clearly erroneous; the 
   court did not err in determining defendant held a good faith belief in its 
   right to use the trademarks and the court did not err n concluding 
   plaintiffs were not entitled to disgorgement based on deterrence; the 
   district court presided over the bench trial, was intimately familiar with 
   the facts and was best suited to determine whether the case was so 
   "exceptional" that an award of attorneys' fees was appropriate. Judge 
   Stras, concurring in part and dissenting in part.