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9th Circ. Applies 'Octane Fitness' Fee Test To Trademarks

Law360, New York (October 24, 2016, 3:07 PM EDT) -- The full Ninth Circuit ruled Monday that the U.S. Supreme Court's Octane Fitness ruling on fee-shifting in patent cases should apply equally to Lanham Act cases, joining several other circuit courts that have done the same.

The high court's 2014 ruling in Octane Fitness v. Icon Health loosened up the standard for foisting attorneys’ fees on losing patent litigants, removing stricter requirements and instructing courts to instead look at the “totality of the circumstances” to see if the case simply "stands out from others.”

The Octane ruling didn't involve trademarks, but the Lanham Act's mandate to award fees in “exceptional” cases...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 9th Circuit

Nature of Suit

3840 Trademark

Date Filed

December 23, 2013

Law Firms

Government Agencies