Same Result As Is Usually The Case In State Court Cases. Much like what generally happens in state court cases, Aquarian Foundation, Inc. v. Lowndes, Case No. 22-35704 et al. (9th Cir. Feb. 3, 2025) (published) illustrates that federal circuit courts will remand an attorney’s fees denial order for a revisit after reversing a […]
Trademark Did Not Arise Under The Contract Or Involve Exceptional Circumstances Under The Lanham Act. Plaintiff lost a trademark infringement suit against a defendant alleging use of a different mark than defendant’s trademark use. There was a contractual fees clause under a partnership agreement involving uses of marks different than the one involved in
True Benefit To The Class And Proportionality Of Fees Had To Be Scrutinized On Remand. The beginning paragraph in Lowery v. Rhapsody International, Inc., Case No. 22-15162 (9th Cir. June 7, 2023) (published) is a doozy: “This case will likely make the average person shake her head in disbelief: the plaintiffs’ lawyers filed
The Case Was Exceptional Based On Defendant’s Willful Infringement, Failing To Cease And Desist, And Resisting An Injunction, As Well As The High Strength Of Plaintiff’s Case. In Jason Scott Collection, Inc. v. Trendily Furniture, LLC, Case No. 21-16978 (9th Cir. May 30, 2023) (published), plaintiff brought a successful trade dress infringement claim under
Even Though Plaintiff Only Obtained Compensatory Damages, As Remitted Twice, Of $116,975.23. The Copyright Act has a discretionary fee-shifting statute, giving considerable discretion to district judges in making or denying an award of fees. To show how the fees and costs award can be much more than a compensatory damages award, we refer you
Unpublished 2/5 DCA Decision So Found. Instant InfoSystems, Inc. v. Open Text, Inc., Case No. B297123 (2d Dist., Div. 5 Apr. 20, 2021) (unpublished) involved, among others, a claim under the Computer Fraud and Abuse Act (CFFA) (18 U.S.C. § 1030), which principally focuses on computer intrusions (such as hacking). CFAA does have some
Practice Tips—Ask The District Judge To Treat Fee Motion As A Rule 59 Motion Or File Two Appeals, One On The Merits And One On The Fees Ruling. Nutrition Distribution LLC v. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020) (published) was a Lanham Act case where a plaintiff was denied monetary
The Problem Was That The Claims Were Dismissed Before Fully Adjudicated, With The Fee Claimant Failing to Show In Detail Why They Were Wholly Lacking In Merit. In Munchkin, Inc. v. Luv N’ Care, Ltd., No. 2019-1454 (Fed. Cir. June 9, 2020) (precedential), spillproof cup rivals engaged in federal intellectual property litigation, with Plaintiff
Fee Denial Vacated And Remanded To Consider Whether It Qualifies Under Discretionary Copyright Fee-Shifting Statute Guidelines. The Ninth Circuit, in Doc’s Dream, LLC v. Dolores Press, Inc., No. 18-56073 (9th Cir. May 13, 2020) (published), reversed a district judge’s determination in denying a copyright fees request under 17 U.S.C. §505 as a matter of
Defendants Won Across The Board, Plaintiff Made Objectively Unreasonable Arguments, And Plaintiff Appeared To Bully A Public Teacher, Booster Club, And Parent Volunteer Defendants. In Tresona Multimedia, LLC v. Burbank High School Vocational Music Assn., No. 17-56006 et al. (9th Cir. Mar. 24, 2020) (published), the Ninth Circuit affirmed a summary judgment in favor
