What constitutes an “exceptional case”? Court adopts new standard for attorneys’ fees in trademark cases

Description

Abstract: The U.S. Court of Appeals for the Tenth Circuit has for the first time addressed whether the U.S. Supreme Court’s standard for awarding attorneys’ fees under the Patent Act also applies to such awards under federal trademark law’s Lanham Act. This article summarizes the court’s finding that because the fee provisions in the Patent Act and the Lanham Act are identical, the standard also applies to the Lanham Act. Derma Pen, LLC v. 4EverYoung Limited, No. 19-4114 (U.S. June 8, 2021).