Intellectual Property
Nov. 4, 2016
Bar lowered for Lanham Act fee awards
Last week, the 9th Circuit reversed decades-old precedent when it abandoned its standard for awarding attorney fees in Lanham Act cases. By Sharoni Finkelstein
Last week, the 9th U.S. Circuit Court of Appeals reversed decades-old precedent when it abandoned its standard for awarding attorney fees in Lanham Act cases, and instead adopted the standard announced by the Supreme Court in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 1756 (2014). Under this new standard, an "exceptional case" for purposes of attorney fees "is simply one that stands out fro...
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