Sanctions Imposed in Arkansas Trademark Case When Plaintiff's Counsel Refused to Communicate with Defendant's Counsel
The Eastern District of Arkansas imposed sanctions in Kashlan v. TCBY Systems, LLC, 2007 WL 3309123 (E.D. Ark 11/6/07).
Kashlan sued TCBY for breach of contract and trademark infringement. Kashlan refused to comply with discovery requests and provided inadequate information to others. The Court was clearly most disturbed by Kashlan's counsel refusing to communicate with TCBY's counsel regarding discovery issues:
The Court notes that the majority of these discovery issues could have and should have been resolved without court intervention if Kashlan's counsel had taken the time to communicate. That Plaintiff's counsel refused to engage in any discussions regarding discovery, thereby necessitating the filing of a motion, supports an award of sanctions.
The Court will award reasonable expenses, including attorney's fees. Kashlan's counsel will be responsible for paying the expenses.
