Sunk costs: Attorneys’ fees in Lanham Act cases

Description

Abstract: The U.S. Court of Appeals for the Third Circuit has delivered some important news for any party that might contest attorneys’ fee claims in trademark infringement and other similar cases. As this article explains, the U.S. Supreme Court’s recently articulated standard for awarding attorneys’ fees in patent infringement decisions now also applies to Lanham Act cases. Fair Wind Sailing, Inc. v. Dempster, Nos. 13-3305 & 14-1572, Sept. 4, 2014 (3rd Cir.) Octane Fitness LLC v. Icon Health & Fitness Inc., No. 12-1184, April 29, 2014 (U.S. Supreme Court)