X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
SUBMITTED SEPTEMBER 22, 2010

Before POSNER, KANNE, and ROVNER, Circuit Judges.

After Anodyne successfully defended against Nightingale’s suit, see 589 F.3d 881 (7th Cir. 2009), the district judge granted the defendant’s request for an award of attorneys’ fees in the amount of $72,747. The award was based on 15 U.S.C. § 1117(a), which allows attorneys’ fees to be awarded to prevailing parties in Lanham Act suits-but only in “exceptional cases,” a term we shall try to clarify in this opinion be- cause of the surprising lack of agreement among the federal courts of appeals concerning its meaning in the Act. See, e.g., 5 J. Thomas McCarthy, McCarthy on Trade-marks and Unfair Competition § 30.101 (4th ed. 2010); 4 Louis Altman & Malla Pollack, Callmann on Unfair Competition, Trademarks and Monopolies § 23:67 (4th ed. 2010). The judge had granted summary judgment in favor of Anodyne on Nightingale’s Lanham Act claim early in the litigation. Nightingale, which had not appealed that ruling, contends that no award of attorneys’ fees is justified, because the case is not “exceptional.”

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Healthcare Real Estate 2023

December 11, 2023 - December 12, 2023
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

Legalweek Leaders in Tech Law Awards 2024

January 29, 2024
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Legalweek New York 2024

January 29, 2024 - February 01, 2024
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered


Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›

Labor and Employment Junior Associate


Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...


Apply Now ›

Shapiro, Croland, Reiser, Apfel, & Di Iorio, LLP

11/20/2023
New Jersey Law Journal

ShapiroCroland Attorneys at Law Take Pleasure in Announcing that VALERIE A. VLADYKA HAS JOINED THE FIRM AS COUNSEL Valerie concentrates her practice in Insurance coverage, Commercial Litigation and Probate Matters 411 Hackensack Avenue, Hackensack, New Jersey 07601 Telephone: (201) 488-3900 | Telecopier: (201) 488-9481 |www.shapiro-croland.com November 2023


View Announcement ›

Rottenstreich Farley Bronstein Fisher Potter Hodas LLP

11/13/2023
Daily Business Review

Congratulations to our Partner Richard Segal on becoming Chairman of the Miami Beach Chamber of Commerce


View Announcement ›

Krupnick Campbell Malone, et al, P.A.

11/06/2023
Daily Business Review

WE'RE MOVING! November 30, 2023


View Announcement ›