Archive for the ‘Post Trial Motions’ Category

Judge Fish Considers Recovery of Attorney Fees in Trademark DJ Action

May 23, 2011 by · Leave a Comment
Filed under: A. Joe Fish, Damages, Post Trial Motions, Trademark 

Judge Fish recently confirmed that: (a) the attorneys’ fees provision in Section 35 of the Lanham Act (15 U.S.C. § 1117) applies in trademark declaratory judgment actions but must be determined after trial on the motion of the “prevailing party”; and (b) the damages provision in Section 38 of the Lanham Act (15 U.S.C. § [...]