The Court of Appeals for the Fifth Circuit held that two nonprofit organizations that endorse political candidates in New Orleans, LA, use different names (Alliance For Good Government v. Coalition for Better Government) which are not likely to cause consumer confusion or mistake … [Read more...] about Lookalike Logo is Trademark Infringement but Different Name on the Logo is Not; Attorneys Fee Award Must be Segmented by the Result
Multiple Patents Require Multiple Jury Answers To Support Finding of Willfulness
The Court of Appeals for the Federal Circuit vacated and remanded the lower court decision for a new trial on indirect infringement, compensatory damages, willful infringement, enhanced damages, and attorney's fees, and affirmed no invalidity, and reversed in part direct … [Read more...] about Multiple Patents Require Multiple Jury Answers To Support Finding of Willfulness
No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
The Court of Appeals for the Federal Circuit affirmed a district court’s ruling denying attorneys fees under Section 285 of the Patent Act, 35 U.S.C. sec. 285, when the lower court construed the critical patent term at summary judgment and then held the accused device did not … [Read more...] about No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
The Court of Appeals for the Federal Circuit, in a case involving patent infringement, trademark infringement, and violations of an unfair trade practices act, ruled that an award of attorneys fees under the Patent Act, 35 U.S.C. § 285, and the Lanham Act, 15 U.S.C. § 1117(a), … [Read more...] about Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
Lower Attorneys Fees Proper Against Defaulted Parties When No Willfulness Proven
The Court of Appeals for the Eighth Circuit upheld the district court’s decision denying plaintiff’s attorneys fees against a defendant in default because (a) the Federal Trademark Act, the Lanham Act, 15 U. S.C. § 1051, et seq, is grounded in equity; (b) plaintiff did not prove … [Read more...] about Lower Attorneys Fees Proper Against Defaulted Parties When No Willfulness Proven
Reduction in Attorney’s Fees and Costs Without Sound Basis Was Error
The Eleventh Circuit Court of Appeals has held that an award of attorney’s fees by the district court was reversible error because the lower court failed to account for the contractually bargained for attorneys fees clause in the copyright and breach of contract action. In Yellow … [Read more...] about Reduction in Attorney’s Fees and Costs Without Sound Basis Was Error
Ninth Circuit Applies Attorneys Fee Analysis from Patent Act to Lanham Act
In SunEarth Inc. v. Sun Earth Solar Power Co., No. 15-16096 and 13-17622 (9th Cir. 2016) (Available Here), the Ninth Circuit adopted Octane Fitness, LLC. v. ICON Health & Fitness, Inc., 134 S.Ct. 1749 (2014) and held that district courts analyzing a request for attorney fees … [Read more...] about Ninth Circuit Applies Attorneys Fee Analysis from Patent Act to Lanham Act
Attorney’s Fees in Copyright Cases – Set by Defendant’s Objective Reasonableness
The Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (Supreme Court, June 2016) (Available Here), held that the “objective reasonableness” of an unsuccessful litigant’s position should be accorded “substantial weight” when awarding attorneys’ fees in … [Read more...] about Attorney’s Fees in Copyright Cases – Set by Defendant’s Objective Reasonableness
$680,000 in Attorneys’ Fees Awarded in an “Exceptionally Weak” Patent Infringement Case
In Advanced Ground Information Systems, Inc. v. Life360, Case No. 14-cv-80651, (S.D. Fla. 2015), the Court awarded the prevailing Defendant, Life360, $684,190.00 in attorneys’ fees in an “exceptionally weak” patent case. (Available Here). A final judgment was entered on May 12, … [Read more...] about $680,000 in Attorneys’ Fees Awarded in an “Exceptionally Weak” Patent Infringement Case
Can Trademark Damages of Profits be Trebled?
The Fourth Circuit Court of Appeals held that when plaintiff seeks only defendant’s profits, the district court can increase the award only when, and to the extent, it deems the award to be inadequate to compensate plaintiff for defendant’s profits. Treble damages, which are … [Read more...] about Can Trademark Damages of Profits be Trebled?
