Opinion
No. 07-2172.
Submitted: September 3, 2008.
Decided: September 18, 2008.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:06-cv-01356-JCC).
Catherine Snyder, Appellant Pro Se. Kevin B. Bedell, Janet Shih Hajek, Greenberg Traurig, LLP, McLean, Virginia, for Appellee.
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Catherine Snyder appeals the district court's order entering judgment against her on Plaintiff's trademark infringement claim under 15 U.S.C. § 1114 (2000), trademark dilution claim under 15 U.S.C.A. § 1125(c) (West 1998 Supp. 2008), and under Virginia common law. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's judgment. See Diane Von Furstenberg Studio v. Snyder, No. 1:06-cv-01356-JCC, 2007 WL 3143690 (E.D.Va. filed Oct. 23, 2007; entered Oct. 24, 2007). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
We note that the district court erred in holding that the Plaintiff's registration provided Snyder with constructive notice for the purposes of the damages award. This error was harmless, however, because Plaintiff was entitled to elect statutory damage had no actual notice of the registration of Plaintiff's mark. See 15 U.S.C. §§ 1116(d)(d) (B)(1), 1117(c)
AFFIRMED.