The Recorder published an article on October 24, 2016 summarizing the Ninth Circuit’s recent ruling on attorney fees in trademark cases, Appeals Court Eases Standards for Attorney Fees in Trademark Cases.
According to the article, the court “unanimously adopted the ‘totality of the circumstances’ test that the U.S. Supreme Court set for awarding fees in patent cases. SunEarth v. Sun Earth Solar Power comes just five months after the three-judge panel issued its opinion in the case.”
OWE’s Larry Townsend provided perspective, opining that “the court is clearly easing the standard for awarding attorney fees. But still, no one should expect them in garden variety trademark cases. “It’s still a high bar,” he said. “It’s not like the prevailing party ‘shall be awarded’ attorneys fees.”