Tag Archives: fees

It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Posted on September 22, 2017 by rtushnet

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading →

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Tag-along state UDAP claim leads to $18.5 million fee shift against unsuccessful plaintiff

Posted on August 21, 2017 by rtushnet

Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2017 WL 3536917 (S.D. Fla. Aug. 17, 2017) This case stands as a stark reminder that adding a state-law deceptive trade practices claim to a federal claim can have serious consequences—the only reason … Continue reading →

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Bad dilution claims are so common that they aren’t “exceptional” for fee-shifting, court rules

Posted on August 21, 2017 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2017 WL 3534993, No. 15-cv-00946 (E.D. Pa. Aug. 17, 2017) Tyson sought attorneys’ fees in this Lanham Act case after its summary judgment victory was affirmed by the Third Circuit. The court found that … Continue reading →

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Fee award justified in case involving fraud on the PTO

Posted on May 26, 2017 by rtushnet

Amusement Art, LLC v. Life is Beautiful, LLC, 2017 WL 2259672, No. 2-14-cv-08290 (C.D. Cal. May 23, 2017) Initial ruling discussed here.  Defendant LIB hosts the Life is Beautiful festival in Las Vegas, Nevada—an annual event that features music, art, … Continue reading →

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Court tentatively holds that NY’s GBL covers damage via personal injury

Posted on November 21, 2016 by rtushnet

Carias v. Monsanto Co., 2016 WL 6803780, No. 15-CV-3677 (E.D.N.Y. Sept. 30, 2016) The plaintiffs filed a putative class action claiming injuries based on their use of Monsanto’s herbicide Roundup. Along with products liability claims, they brought claims under New … Continue reading →

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Failure to reevaluate at summary judgment leads to fee award in false advertising case

Posted on October 3, 2016 by rtushnet

Design Resources, Inc. v. Leather Indus., 2016 WL 5477611, No. 10CV157 (M.D.N.C. Sept. 29, 2016) After defendants Leather Industries (LIA) and Ashley Furniture prevailed in this false advertising case, they sought a fee award.  The Fourth Circuit applies the Octane … Continue reading →

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Failure to do anything to show damages leads to fee award in false advertising case

Posted on July 26, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., No.13-CV-642, 2016 WL 3920208 (E.D.N.C. Jul. 15, 2016) Bringing false advertising claims isn’t risk free for the plaintiff. Not only may the defendant scrutinize the plaintiff’s own advertising for counterclaims, attorney’s fee awards against a … Continue reading →

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My Other Bag seeks fees from TM bully LV

Posted on January 25, 2016 by rtushnet

Public Citizen supports My Other Bag in its motion for attorneys’ fees against fashionable trademark bully Louis Vuitton.  As usual, cogent and vigorous argument.  from Blogger http://ift.tt/1KzZRIE

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

Posted on August 11, 2015 by rtushnet

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., which won dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion.  … Continue reading →

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