News & Analysis as of

Trademark Infringement Attorney's Fees

Carlton Fields

Florida Appeals Court Decisions Week of June 9 - 13, 2025

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U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more

Felicello Law PC

What to Expect in a Copyright or Trademark Infringement Lawsuit

Felicello Law PC on

No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more

Vondran Legal

Flava Works sues 23 DOES in Illinois

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Flava Works used to file a good number of file-sharing lawsuits.  I have not seen alot lately.  However, they have just filed a mass Doe Defendant lawsuit in Illinois Federal Court (Northern District) alleging copyright and...more

McDermott Will & Schulte

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

McDermott Will & Schulte

Smart Choice: Survey Design Didn’t Render Survey Unreliable

Underscoring its faith in a jury’s competency to use its “common sense and experience” in evaluating evidence, the US Court of Appeals for the Ninth Circuit affirmed a district court’s judgment in favor of the defendants in a...more

Womble Bond Dickinson

Defendant Cannot Keep Trademark and Copyright Infringement In The Dark

Womble Bond Dickinson on

We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more

McDermott Will & Schulte

Just How Similar Must Competing Marks Be to Survive Dismissal?

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

McDermott Will & Schulte

Remedies as Big as Your Bamba

Following the district court’s finding of trademark infringement on summary judgment, the US Court of Appeals for the Sixth Circuit affirmed the district court’s subsequent award of profits, costs and attorneys’ fees in favor...more

McDermott Will & Schulte

Functionality Dooms Alleged Trade Dress Protection

McDermott Will & Schulte on

The US Court of Appeals for the Eighth Circuit affirmed summary judgment of noninfringement in a trade dress suit, finding that the trade dress was functional and the attorneys’ fee award—as diminished by the district...more

McDermott Will & Schulte

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Dorsey & Whitney LLP

Judge Rejects Greek Freak’s Shot for Damages

Dorsey & Whitney LLP on

We previously wrote about a series of trademark lawsuits filed by NBA MVP and now NBA champion Giannis Antetokounmpo over the use of his nickname “Greek Freak”. Those lawsuits all contained similar allegations: that the...more

Fox Rothschild LLP

Plaintiffs Awarded Attorneys’ Fees In D.Del. Trademark Infringement Action

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Dr. Matthias Rath et al. v. Vita Sanotec, Inc. et al., Civil Action No. 17-953-MN (D.Del. October 2, 2020), the Court granted the motion of Plaintiffs Dr....more

McDermott Will & Schulte

More Than a Feeling: No Fees for Frivolous Claim Where “Perceived Wrongs Were Deeply Felt”

Addressing the appropriateness of the district court’s decision to deny attorneys’ fees relating to a copyright claim it labeled “frivolous,” the US Court of Appeals for the Seventh Circuit affirmed the denial, despite the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2020 #1

PATENT CASE OF THE WEEK - Munchkin, Inc. v. Luv N’ Care, Ltd., Appeal No. 2019-1454 (Fed. Cir. June 8, 2020) - In its only precedential patent opinion issued this week, the Federal Circuit reversed an award of...more

McDermott Will & Schulte

No Disgorgement When Injunction is Sufficient Remedy

Addressing issues related to the disgorgement of profits and attorneys’ fees in a trademark infringement lawsuit, the US Court of Appeals for the Eighth Circuit affirmed a denial of such fees and profits. Safeway Transit LLC...more

Jaburg Wilk

Beating Tigers: How Carol Baskin Slayed the Tiger King (with Trademark Law)

Jaburg Wilk on

Caution: Spoilers Ahead. Netflix’s documentary series “Tiger King” is currently the number one show on the streaming service and one of the most talked about shows in media. The series explores the peculiar world of private,...more

Dorsey & Whitney LLP

Bong Maker Avoids Having to Cough Up Attorney’s Fees

Dorsey & Whitney LLP on

A bong distributor with a reputation as a serial trademark plaintiff managed to persuade a Florida federal court that it should not be on the hook for the prevailing party’s attorney’s fees. In Sream Inc. et al. v. CIJ...more

Lathrop GPM

The Franchise Memorandum - Issue 250

Lathrop GPM on

Ohio Federal Court Awards Damages to Matco for Breach of Contract, Trademark Infringement, and Misappropriation of Trade Secrets - A federal court in Ohio has granted a franchisor’s unopposed motion for summary judgment...more

McDermott Will & Schulte

Seventh Circuit Formally Adopts Octane Fitness Standard for Trademark Cases

The US Court of Appeals for the Seventh Circuit officially joined its sister circuits in holding that the Supreme Court standard for awarding attorney’s fees in patent cases, set forth in Octane Fitness, LLC v. ICON Health &...more

Smart & Biggar

5 reasons why Canada is an attractive jurisdiction for trademark litigation

Smart & Biggar on

Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more

McDermott Will & Schulte

No Shelter for Willful Infringement of Distributor’s Trademarks

The US Court of Appeals for the Seventh Circuit affirmed a district court’s finding of trademark infringement and award of damages against a manufacturer of storm shelters and its owner, and went a step further by ordering...more

McDermott Will & Schulte

Owners of Enjoined Company Personally Liable for Monkeying Around with Injunction

McDermott Will & Schulte on

The US Court of Appeals for the 11th Circuit affirmed a district court’s finding of civil contempt against a corporate defendant and its two individual shareholders for failing to make all reasonable efforts to comply with an...more

McDermott Will & Schulte

Eagle Eye on Attorneys’ Fee Award: Courts Must Apportion Award Based on Successful Claims

Addressing the standard of review for attorneys’ fee awards under the Lanham Act, the US Court of Appeals for the Fifth Circuit applied Highmark’s abuse-of-discretion standard, affirmed the district court’s exceptional-case...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - AAFCO Issues Guidelines on Hemp in Animal Food - The Association of American Feed Control Officials (AAFCO) has issued guidelines on the 2018 Farm Bill and its removal of hemp from...more

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