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The lanham act 1117 a allows recovery of a reasonable attorney s fee only on evidence the court in exceptional cases may award reasonable attorney fees to the prevailing party.
Attorney fees lanham act. First a little history as to why the statute is there at all. After prevailing on summary judgment xyz moved for attorney fees under section 1117 a of the lanham act which permits a court in exceptional cases to award reasonable attorney fees to the. Prior to amendment text read as follows.
Lanham act attorneys fees. The court in exceptional cases may award reasonable attorney fees to the prevailing party 15 usc 1117 a. Attorney fees awards in lanham act cases on october 24 2016 the ninth circuit joined the third fourth fifth and sixth circuits in applying the fee shifting ruling of octane fitness llc v icon health fitness inc 134 s ct 1749 2014 to a lanham act case sunearth inc v sun earth solar power co dc 4 11 cv 04991 cw 9th cir 2016.
The lanham act itself doesn t give much guidance on when attorneys fees may be awarded. Most circuits follow the test annoucned by the supreme court in octane fitness llc v. In fair wind sailing inc.
Originally posted 2013 06 27 11 41 52. Republished by blog post promoter. Supreme court s recently articulated standard for awarding attorneys fees in patent infringement decisions also applies to lanham act cases.
The district court denied the motion holding that under the lanham act a prevailing party seeking attorney fees must prove its entitlement to fees. ß 1117 a 3 in practice federal courts rarely. In attorney s fee.
The supreme court s objectively unreasonable standard for attorney s fees set forth in octane applies to infringement cases under the lanham act and the patent act. Court of appeals for the third circuit delivered some important news for any party that might contest attorneys fee claims in trademark infringement and other similar cases that is the u s. Any trademark litigator knows that it has historically been difficult to obtain an award of attorney fees in a federal trademark case no matter how egregious the opposing party actions section 35 a 3 of the lanham act provides in part the court in exceptional cases may award reasonable attorney fees to the prevailing party.
The situation with attorneys fees in exceptional cases under the lanham act is to put it mildly not clear.
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