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Can Attorneys’ Fees Be Awarded in Trademark Cases?

Yes, attorneys’ fees are available in what are called “exceptional cases” of trademark infringement. The Lanham Act — the federal trademark statute — expressly allows a federal court to award reasonable attorneys’ fees in “exceptional cases” of trademark infringement to the prevailing party. 15 U.S.C. § 1117(a). This is a statutorily-created exception to the normal… READ MORE

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What is a “Fanciful” Trademark and Why Does It Matter?

Trademarks are powerful tools that can be used to create and cement customer loyalty to a product or service and that can drive sales and profits. Some trademarks are so powerful and famous that, by themselves, the trademarks are worth billions of dollars. To be powerful, a trademark must be distinctive enough to create an… READ MORE

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