Plaintiff Won Nominal Damages Of $1 And Disgorgement, Although The Disgorgement Award Was Reversed As A Matter Of Law By The Ninth Circuit.
The Ninth Circuit in Multiple Energy Technologies, LLC v. Casden, No. 24-4691 (9th Cir. July 30, 2026) (published) considered over a $600,000 attorney’s fees award against a defendant in a Lanham Act case, which allows such an award in an “exceptional case,” which can encompass fraudulent or deliberate conduct. (15 U.S.C. § 1117(a); Fifty-Six Hope Rd. Music, Ltd. v. A.V.E.I.A., Inc., 778 F.3d 1059, 1077 (9th Cir. 2015). Although it reversed a trebled disgorgement award as a matter of law, the federal circuit court found the district court did not abuse its discretion in awarding fees given the jury’s determination that the defense conduct was deliberately or intentionally false in nature.