We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Case Study: Nightingale V. Anodyne

Law360 (December 6, 2010, 1:29 PM EST) -- A recent opinion from the Seventh Circuit Court of Appeals — Nightingale Home Healthcare Inc. v. Anodyne Therapy LLC — attempts to clarify when the prosecution or defense of a Lanham Act suit renders the case "exceptional," so as to allow for an award of attorneys' fees to the prevailing party. In doing so, the court addressed the increasing trend of businesses in bringing or defending trademark infringement and false advertising lawsuits against competitors solely to obtain a competitive advantage independent of the outcome of the...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.