Category Archives: fees

Noncommercial speaker can’t get fees for successfully defending Lanham Act claim

Tobinick v. Novella, 2015 WL 4698549,  NO. 9:14–CV–80781  (S.D. Fla. Aug. 6, 2015)   The defendant Society for Science–Based Medicine, Inc., whichwon dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion.  The … Continue reading


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Supreme Court IP Review, Chicago-Kent: Patents

Ed Timberlake: most IP cases in a term ever, 8 or 10 depending on whether you count the Lanham Act cases. Octane Fitness v. Icon Health & Fitness Inc. (When is a case “exceptional” for award of fees under 35 … Continue reading

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Prevailing copyright defendant acts as private AG, deserves fees

Klinger v. Conan Doyle Estate, Ltd., No. 14-1128 (7th Cir. Aug. 4, 2014) Judge Posner throws his usual rhetorical bombs around, this time to the delight of copyright restrictionists.  In Klinger v. Conan Doyle Estate, Ltd., 2014 WL 2726187 (7th … Continue reading

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Fair use twofer: motion to dismiss and summary judgment for critical uses

Caner v. Smathers, No. 4:13-CV-494 (N.D. Tex. Apr. 17, 2014) If hard cases make bad law, it may also be that sometimes jerks make good law.  Here is an addition to the growing number of cases finding fair use on … Continue reading

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What makes a fee-worthy dilution claim?

General Steel Domestic Sales, LLC v. Chumley, 2014 WL 793090,  No. 10-cv-01398 (D. Colo. Feb. 27, 2014) Some of the more recent opinions from this hard-fought case in which plaintiff won its false advertising claims but lost trademark claims.  We … Continue reading

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Lanham Act and ACPA damages not dischargeable in bankruptcy

In re Butler (Skydive Arizona, Inc. v. Butler), Bkcy. No. 11–40930, No. 11–4037, 2013 WL 5591922 (N.D. Ca. Sept. 9, 2013) Here, the debtor was unable to discharge his liability for violation of ACPA, trademark infringement, and false advertising, because … Continue reading

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Willful false advertising insufficient to justify fee award

Eastman Chemical Co. v. Plastipure, Inc., No. A–12–CA–057, 2013 WL 5555373 (W.D. Tex. Oct. 4, 2013) Previous discussion here.  Based on its successful Lanham Act false advertising trial result, Eastman sought attorneys’ fees and costs (the latter of which it … Continue reading

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Failure to allege agency relationship leads to fee award

Anastasia Int’l, Inc. v. EM Online Pty Ltd., No. 13 Civ. 2919, 2013 WL 5550211 (S.D.N.Y. Oct. 4, 2013) Anastasia sued various defendants for trademark infringement and false advertising, along with related state torts.  Anastasia runs, an “international dating … Continue reading

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