
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 97-2006                               CHAMPION PRODUCTS INC.,                                 Plaintiff, Appellee,                                          v.                           ARTINE ASDOURIAN, ETC., ET AL.,                                Defendants, Appellees.                                 ____________________                      BENTON SILVER, d/b/a Variety Wholesalers,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                     [Hon. William G. Young, U.S. District Judge]                                             ___________________                                 ____________________                                        Before                                 Selya, Circuit Judge,                                        _____________                              Cyr, Senior Circuit Judge,                                   ____________________                              and Boudin, Circuit Judge.                                          _____________                                 ____________________            Steven R. Whitman on brief for appellant.            _________________            Mark  Schonfeld, Nicholas  J. Psyhogeos,  and Sherburne,  Powers &            _______________  ______________________       ____________________        Needham, P.C. on brief for appellee Champion Products Inc.        _____________                                 ____________________                                  December 16, 1997                                 ____________________                 Per Curiam.   We have reviewed the record  on appeal and                 __________            the  submissions of  the parties.    Appellant Benton  Silver            ("Silver") conceded liability under the Lanham Act, 15 U.S.C.               1051 et  seq., and now challenges  the court's calculation                    __  ____            of damages and attorney's fees against him.  We find no abuse            of discretion in the calculation of damages.  See 15 U.S.C.                                                            ___            1117(a).    Where  an  award   based  on  profits  would   be            inadequate, "the court  may in its discretion  enter judgment            for such sum as the court shall find to be just, according to            the circumstances of  the case."  15 U.S.C.   1117(a).  Where            a  defendant  has  acted  fraudulently  and/or  "palmed  off"            inferior goods,  the court  may  assess damages  based on  an            unjust  enrichment   or  deterrence  theory.     Aktiebolaget                                                             ____________            Electrolux v. Armatron  Int'l, Inc., 999 F.2d 1,  5 (1st Cir.            ___________________________________            1993).                 We also review cost and attorney's fees awards for abuse            of  discretion.       Volkswagenwerk   Aktiengesellschaft  v.                                  _______________________________________            Wheeler, 814  F.2d 812, 821  (1st Cir. 1987).   The affidavit            _______            and  documentation supporting the request for attorney's fees            here provided no detailed,  contemporaneous time records,  as            required by Grendel's Den, Inc.  v. Larkin, 749 F.2d 945, 952                        ______________________________            (1st Cir. 1984).  Since we have not applied the Grendel's Den                                                            _____________            standard in any previous Lanham  Act case, we will not reduce            or disallow the fee award, as that case recommends.  Instead,            we remand to the district court, with instructions to provide                                         -2-            plaintiff an opportunity  to submit detailed, contemporaneous            time   records.     To   the  extent   possible,  plaintiff's            submissions  should  identify  attorney  time expended  while            pursuing the claim against Silver.  Silver should be given an            opportunity to respond to plaintiff's submissions.                 Affirmed  in part,  vacated in  part,  and remanded  for                 ________________________________________________________            further proceedings consistent with this opinion.            _________________________________________________                                         -3-
