the Trademark Resource for Start-Ups, Business Owners, Marketing Professionals, In-House Counsel, and Attorneys

October 2015

Octane Fitness Trademark

The trademark infringement case is over. And now it is time to argue that it was an “exceptional case” that warrants attorneys’ fees under 15 U.S.C. § 1117(a) (also known as § 35 of the Lanham Act). Well, it appears that the U.S. Supreme Court has made it a little easier to meet the “exceptional case” requirement. continue reading→