Citing Octane, 2nd Circ. Orders Redo Of Trademark Atty Fees

By Tiffany Hu (August 8, 2019, 5:51 PM EDT) -- The Second Circuit on Thursday ordered a lower court to take another look at whether a trademark suit that New York & Co. lost was exceptional enough for the retailer to pay attorney fees under the looser standards set by the U.S. Supreme Court's Octane Fitness ruling.

Although it upheld the $1.86 million trademark-infringement judgment against NY&C over a line of yoga wear, a three-judge panel threw out U.S. District Judge Jed Rakoff's decision that the case was exceptional and merited attorney fees, noting that the standard for winning the fees has become more flexible since the court's decision was first...

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