LexisNexis® Legal Newsroom
Opting for Statutory Damages in a Counterfeiting Case May Prevent Your Client From Receiving Attorneys' Fees

After successful prosecution of a counterfeiting case, a plaintiff may choose between trebled actual damages and statutory damages. The Ninth Circuit has interpreted the Lanham Act damages provision (15 U.S.C. § 1117) to preclude an award of attorneys' fees under Section 1117(b) when the plaintiff...

15-Second Advertising Law Alert: 7th Circuit Cuts Through Lanham Act Attorneys' Fees "Jungle"

Bad cases may make bad law, but they also can result in the prevailing party being awarded attorneys' fees under the Lanham Act's "exceptional cases" provision - whatever that means these days. The Seventh Circuit Court of Appeals now "offers a pathway through the semantic jungle"...

Troutman Sanders LLP: Court Awards Attorneys' Fees for Willful Trademark Infringement

By Dabney Carr After a bench trial, Judge Gibney of the Eastern District of Virginia found in favor of Lorillard Tobacco on its claims of trademark infringement, unfair competition and trademark dilution and awarded attorneys' fees to Lorillard based on an exceptional case finding under 15...