7th Circ. Pins Down Atty Fee Awards In Lanham Case

Law360, New York (November 23, 2010, 8:52 PM EST) -- Seizing the chance to clarify what constitutes an “exceptional” case in a Lanham Act suit, the U.S. Court of Appeals for the Seventh Circuit has upheld the decision to tag a litigious home health care provider with Anodyne Therapy LLC’s costs for defending against false advertising allegations.

On Tuesday, Judge Richard Posner marveled at the inconsistency among the sister courts before offering definitive standards for awarding attorneys’ fees in Lanham Act cases, finding that Nightingale Home Healthcare Inc.’s suit against Anodyne qualified as one such exceptional...
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